| ACCESS TO
| | • Access rights (Parents) | 300.613.
| • Assistive technology devices in child's home | 300.105(b).
| • Disciplinary records | 300.229.
| • Education records (Procedural safeguards notice) | 300.504(c)(4).
| • General curriculum (Ensure access to) | 300.39(b)(3)(ii).
| • Instructional materials (see §§ 300.172, 300.210).
| | • List of employees who may have access to records | 300.623(d).
| • Parent's private insurance proceeds | 300.154(e).
| • Record of access (Confidentiality) | 300.614.
| ACCESSIBILITY STANDARDS (Regarding construction)
| | • Americans with Disabilities Accessibility Standards for Buildings and Facilities | 300.718(b)(1).
| • Uniform Federal Accessibility Standards | 300.718(b)(2).
| ACCOMMODATIONS
| | • In assessments | 300.320(a)(6)(i).
| • State level activities in support of | 300.704(b)(4)(x).
| ACT (Definition) | 300.4.
| ADD AND ADHD (See “Attention deficit disorder” and “Attention deficit hyperactivity disorder”)
| | ADDITIONAL DISCLOSURE OF INFORMATION REQUIREMENT | 300.512(b).
| ADULT CORRECTIONAL FACILITIES (See “Correctional facilities”)
| | ADULT PRISONS (Children with disabilities in)
| | • Divided State agency responsibility | 300.607.
| • FAPE requirements:
| | Ο Exception to FAPE | 300.102(a)(2).
| Ο Modifications of IEP or placement | 300.324(d)(2).
| Ο Requirements that do not apply | 300.324(d)(1).
| • Governor | 300.149(d).
| • Other public agency responsibility | 300.149(d).
| ADVERSELY AFFECTS EDUCATIONAL PERFORMANCE (See “Child with a disability,” § 300.8(c)(1)(i), (c)(3), (c)(4)(i), (c)(5), (c)(6), (c)(8), (c)(9)(ii), (c)(11), (c)(12))
| | ADVISORY BOARD
| | (Secretary of the Interior) | 300.714.
| ADVISORY PANEL (See “State advisory panel”)
| | AGE-APPROPRIATE CLASSROOM | 300.116(e).
| ALLOCATION(S)
| | • By-pass for private school children (see § 300.191(d)).
| | • To LEAs (see §§ 300.705(b), 300.816)
| | • To Outlying areas | 300.701(a).
| • To Secretary of the Interior | 300.707.
| • To States (see §§ 300.703, 300.807 through 300.810)
| | ALLOWABLE COSTS
| | (By SEA for State administration) | 300.704(a).
| ALTERATION OF FACILITIES | 300.718(b).
| ALTERNATE ASSESSMENTS
| | • Aligned with alternate academic achievement standards | 300.320(a)(2)(ii).
| • Development and provision of in accordance with ESEA | 300.704(b)(4)(x).
| • Participation determined by IEP Team | 300.320(a)(6)(ii).
| ALTERNATIVE PLACEMENTS (Continuum) | 300.115.
| ALTERNATIVE STRATEGIES to meet transition objectives | 300.324(c)(1).
| AMENDMENTS
| | • To LEA policies and procedures | 300.220(b).
| • To State policies and procedures:
| | Ο Made by State | 300.176(b).
| Ο Required by the Secretary | 300.176(c).
| ANNUAL GOALS (IEPs)
| | • FAPE for children suspended or expelled (see §§ 300.101(a), 300.530(d))
| | • IEP content:
| | Ο How progress will be measured | 300.320(a)(3).
| Ο Special education and related services | 300.320(a)(4).
| Ο Statement of measurable annual goals | 300.320(a)(2)(i).
| • Review and revision of IEP | 300.324(b)(1).
| • Review of existing evaluation data | 300.305(a).
| ANNUAL REPORT
| | Of children served (see §§ 300.640 through 300.646)
| | On education of Indian children | 300.715.
| APPENDICES TO PART 300 (A through E)
| | Excess Costs Calculation (see appendix A)
| | Proportionate Share Calculation (see appendix B)
| | National Instructional Materials Accessibility Standard (NIMAS) (see appendix C)
| | Maintenance of Effort and Early Intervening Services (see appendix D)
| | Index for IDEA—Part B Regulations (This appendix E)
| | APPLICABILITY OF THIS PART to State, local, and private agencies | 300.2.
| APPLICATION
| | • Initial admission to public school | 300.518(b).
| • Initial services | 300.518(c).
| ASSESSMENT(S)
| | • For specific learning disability (see § 300.309(a)(2)(ii), (b)(2))
| | • Functional behavioral assessment (see § 300.530(d)(1)(ii), (f)(1)(i))
| | • In evaluation (see §§ 300.304(b), (c), 300.305(a)(1)(ii), (c), (d))
| | • Of leisure function (in “Recreation”) | 300.34(c)(11)(i).
| ASSESSMENTS—STATE and DISTRICT-WIDE
| | Alternate assessments (see § 300.320 (a)(2)(ii), (a)(6)(ii))
| | Performance indicators | 300.157.
| ASSISTANCE UNDER OTHER FEDERAL PROGRAMS | 300.186.
| ASSISTIVE TECHNOLOGY (AT)
| | • AT devices | 300.5.
| • AT services | 300.6.
| • Consideration of special factors | 300.324(a)(2)(v).
| • Hearing aids | 300.113.
| • Requirement:
| | Ο Ensure availability of | 300.105(a).
| Ο Use of AT in child's home | 300.105(b).
| • Surgically implanted medical devices (see §§ 300.5, 300.34(b), 300.113(b))
| | ASTHMA | 300.8(c)(9).
| ATTENTION DEFICIT DISORDER (ADD) | 300.8(c)(9).
| ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD) | 300.8(c)(9).
| ATTORNEYS' FEES | 300.517.
| • Award of fees | 300.517(c).
| • Prohibition on use of funds for | 300.517(b).
| • When court reduces fee awards | 300.517(c)(4).
| AUDIOLOGY | 300.34(c)(1).
| AUTHORITY (A-O)
| | • Of guardian | 300.30(a)(3).
| • Of hearing officer (Discipline) | 300.532(b).
| • Of school personnel (Discipline) | 300.530.
| • Of Secretary to monitor and enforce | 300.609.
| AUTHORITY (P-Z)
| | • Parental authority to inspect and review records | 300.613.
| • State complaint procedures | 300.151(b).
| • Waiver request (Signed by person with authority) | 300.164(c)(1).
| AUTISM | 300.8(c)(1).
| AVERAGE PER-PUPIL EXPENDITURE
| | (Definition) | 300.717(d).
| BASE PAYMENTS (to LEAs) (See § 300.705(b)(1), (b)(2))
| | BASIS OF KNOWLEDGE: Protection for children not yet eligible | 300.534(b).
| BEHAVIORAL ASSESSMENT (See “Functional behavioral assessment”)
| | BEHAVIORAL INTERVENTION(S) | 300.530(f).
| • Assist in developing | 300.34(c)(10)(vi).
| • Behavioral intervention plan | 300.530(f).
| • Consideration of by IEP Team | 300.324(a)(2)(i).
| • Not a manifestation of disability | 300.530(d).
| • Regular education teacher (Determination of) | 300.324(a)(3).
| • Suspension and expulsion rates | 300.170(b).
| BENCHMARKS OR SHORT TERM OBJECTIVES | 300.320(a)(2)(ii).
| BENEFITS TO NONDISABLED (Permissive use of funds) | 300.208(a)(1).
| BIA (See “Bureau of Indian Affairs”)
| | BLIND(NESS): Under “Visual impairment”
| | • Access to instructional materials (see §§ 300.172, 300.210(b)(3))
| | • Consideration of special factors by IEP Team | 300.324(a)(2).
| • Definition | 300.8(c)(13).
| BRAILLE (see §§ 300.29(b), 300.324(a)(2)(iii))
| | BUREAU OF INDIAN AFFAIRS (BIA)
| | • BIA funded schools | 300.28(c).
| • In definition of “LEA” | 300.28(c).
| • See also §§ 300.21(c), 300.713(b), (d), 300.714
| | • Use of funds | 300.712(d).
| BUSINESS DAY
| | • Definition | 300.11(b).
| • See “Timelines,” “Timelines—Discipline”
| | BY-PASS: Private school children with disabilities (see §§ 300.190 through 300.198)
| | CALENDAR DAY
| | • Definition | 300.11(a).
| • See “Timelines,” “Timelines—Discipline”
| | CERTIFICATION
| | • Annual report of children served | 300.643.
| CHANGE OF PLACEMENT BECAUSE OF DISCIPLINARY REMOVALS | 300.536.
| CHARTER SCHOOLS
| | • Applicability of this part to | 300.2(b)(1)(ii).
| • Definition | 300.7.
| • Exception: joint establishment of eligibility | 300.223(b).
| • In definition of “Elementary school” | 300.13.
| • In definition of “LEA” | 300.28(b)(2).
| • In definition of “Public agency” | 300.33.
| • In definition of “Secondary school” | 300.36.
| • State-level activities regarding charter schools | 300.704(b)(4)(ix).
| • Treatment of charter schools and their students | 300.209.
| CHIEF EXECUTIVE OFFICER (CEO)
| | • Adult prisons (Assigned by Governor) | 300.149(d).
| • Methods of ensuring services (see § 300.154(a), (c))
| | CHILD COUNT
| | • Annual report of children served (see §§ 300.640 through 300.646)
| | • Certification | 300.643.
| • Criteria for | 300.644.
| • Dates for count | 300.641(a).
| • Indian children | 300.712(b).
| • LEA records of private school children | 300.132(c).
| • Procedures for counting children served | 300.645(a).
| CHILD FIND
| | • Basic requirement | 300.111(a).
| • Children advancing from grade to grade | 300.111(c)(1).
| • Developmental delay | 300.111(b).
| • Highly mobile children | 300.111(c)(2).
| • Homeless children | 300.111(a)(1)(i).
| • Indian children aged 3 through 5 | 300.712(d)(1).
| • Migrant children | 300.111(c)(2).
| • Private school children | 300.131(b).
| • Protections for children not determined eligible | 300.534.
| • Secretaries of the Interior and Health and Human Services (Memo of agreement) | 300.708(i)(2).
| CHILD WITH A DISABILITY (CWD)
| | • Adversely affects educational performance (see § 300.8(c)(1)(i), (c)(3), (c)(4)(i), (c)(5), (c)(6), (c)(8), (c)(9)(ii), (c)(11), (c)(12), (c)(13))
| | • Children experiencing developmental delay(s) | 300.8(b)(1).
| • Children who need only a related service | 300.8(a)(2).
| • Definition | 300.8(a)(1).
| • Individual disability terms (Defined) | 300.8(c).
| • Requirement | 300.111(b).
| • See “Developmental delay(s)”
| | CHILD'S STATUS DURING PROCEEDINGS
| | • Discipline (see §§ 300.530(f)(2), 300.533)
| | • Pendency (Stay put) | 300.518.
| CHILDREN ADVANCING FROM GRADE TO GRADE
| | • Child find | 300.111(c)(1).
| • FAPE | 300.101(c).
| CHILDREN EXPERIENCING DEVELOPMENTAL DELAY(S) (See “Developmental delay(s)”)
| | CHILDREN'S RIGHTS (Confidentiality) | 300.625.
| CIVIL ACTION—PROCEEDINGS | 300.516.
| • Finality of review decision | 300.514(d).
| • Mediation | 300.506(b)(6)(i).
| • Procedural safeguards notice | 300.504(c)(12).
| • See “Court(s)”
| | COCHLEAR IMPLANT (See “Surgically implanted medical device”) | 300.34(b).
| CODE OF CONDUCT
| | • Case-by-case determination | 300.530(a).
| • Manifestation determination review | 300.530(e).
| • Protections for children not determined eligible | 300.534(a).
| COMMINGLING—PROHIBITION AGAINST | 300.162(b).
| COMMUNITY-BASED WAIVERS (Public benefits or insurance) | 300.154(d)(2)(iii).
| COMPLAINT(S): DUE PROCESS
| | • Attorneys' fees | 300.517(a)(1).
| • Civil action | 300.516(a).
| • Pendency | 300.518(a).
| • Private school children (Complaints) | 300.140(c).
| • See “Due process hearing(s) and reviews”
| | COMPLAINT(S): STATE COMPLAINT PROCEDURES (A-P)
| | • Adoption of State complaint procedures | 300.151(a).
| • Complaint investigations (SEA allocations for) | 300.704(b)(3)(i).
| • Filing a complaint | 300.153(a).
| • Minimum State complaint procedures | 300.152.
| • Private schools (State complaints) | 300.140.
| • Procedural safeguards notice | 300.504(c).
| • Provisions for services under by-pass | 300.191(d).
| • Public agency failure to implement hearing decision | 300.152(c)(3).
| COMPLAINT(S): STATE COMPLAINT PROCEDURES (Q-Z)
| | • See also §§ 300.151 through 300.153
| | • Time limit | 300.152(a).
| • Waiver of nonsupplanting requirement | 300.163(c)(2).
| COMPLIANCE—COMPLY (A-M)
| | • Child find requirements | 300.111(a).
| • Department procedures (If failure to comply) | 300.604(c).
| • FAPE requirement | 300.101(a).
| • LEA and State agency compliance | 300.222(a).
| • LRE (State funding mechanism) | 300.114(b).
| • Modifications of policies:
| | Ο Made by LEA or State agency | 300.176(b).
| Ο Required by SEA | 300.220(c).
| Ο Required by Secretary | 300.176(c).
| • Monitoring (See “Monitor; Monitoring activities”);
| | COMPLIANCE—COMPLY (N-Z)
| | • Physical education | 300.108.
| • Private school placement by parents | 300.148(e).
| • Private school placements by public agencies:
| | Ο IEP requirement | 300.325(c).
| Ο SEA (Monitor compliance) | 300.147(a)
| • Public participation requirements | 300.165.
| • SEA responsibility if LEA does not comply | 300.227(a).
| • State funding mechanism (LRE) | 300.114(b).
| • COMPREHENSIVE EVALUATION | 300.304(c)(6).
| CONDITION OF ASSISTANCE
| | • LEA eligibility | 300.200.
| • State eligibility | 300.100.
| CONFIDENTIALITY (A-C)
| | • Access rights | 300.613.
| • Children's rights | 300.625.
| • Consent | 300.622.
| CONFIDENTIALITY (D-E)
| | Definitions:
| | Ο Destruction of information | 300.611(a).
| Ο Education records | 300.611(b).
| Ο Participating agency | 300.611(c).
| • Department use of personally identifiable information | 300.627.
| • Disciplinary information | 300.229.
| • Enforcement by SEA | 300.626.
| CONFIDENTIALITY (F-Z)
| | • Family Educational Rights and Privacy Act:
| | Ο Children's rights | 300.625.
| Ο Disciplinary records | 300.535(b)(2).
| Ο In definition of “Education records” | 300.611(b).
| Ο Notice to parents | 300.612(a)(3).
| • Fees | 300.617.
| • Hearing procedures | 300.621.
| • List of types and location of information | 300.616.
| • Notice to parents | 300.612(a).
| • Opportunity for a hearing | 300.619.
| • Parental authority to inspect and review records | 300.613(b).
| • Record of access | 300.614.
| • Records on more than one child | 300.615.
| • Result of hearing | 300.620.
| • Safeguards | 300.623.
| • State eligibility requirement | 300.123.
| CONSENT (A-I)
| | • Confidentiality (Records to non-agency officials) | 300.622(a).
| • Definition | 300.9.
| • IEP vs. IFSP | 300.323(b)(2)(ii).
| • Initial evaluations | 300.300(a).
| • Initial provision of services | 300.300(b).
| CONSENT (J-Z)
| | • Not required:
| | Ο Before administering a test or other evaluation to all children | 300.300(d)(1)(ii).
| Ο Before reviewing existing data | 300.300(d)(1)(i).
| Ο When screening for instructional purposes | 300.302.
| • Private insurance (Accessing) | 300.154(e)(1).
| • Reasonable efforts to obtain consent:
| | Ο For initial evaluation | 300.300(a)(1)(iii).
| Ο For initial evaluations for wards of the State | 300.300(a)(2).
| Ο For initial provision of services | 300.300(b)(2).
| Ο Reasonable efforts requirements | 300.300(d)(5).
| • Reevaluations | 300.300(c)(2).
| • Release of information from education records | 300.622.
| CONSIDERATION OF SPECIAL FACTORS (by IEP Team) | 300.324(a)(2).
| CONSISTENCY WITH STATE POLICIES: LEA | 300.201.
| CONSTRUCTION
| | • Accessibility standards | 300.718(b).
| • Exception to maintenance of effort (Termination of costly expenditures for construction) | 300.204(d).
| • Private schools (No funds may be used for) | 300.144(e).
| CONSTRUCTION CLAUSES (A-I)
| | • Child find (Nothing requires classifying children by disability) | 300.111(d).
| • Civil action (Exhaust administrative remedies under Part B before filing a civil action) | 300.516(e).
| • Early intervening services | 300.226(c).
| • Funding mandated by State law | 300.166.
| • Hearing: right of parent to appeal decision | 300.513(b).
| • Highly qualified SEA or LEA staff | 300.156(e).
| • Highly qualified teacher | 300.18(f).
| • IEP (Inclusion of additional information beyond explicit requirements) | 300.320(d)(1).
| • IEP (Information in more than one component not required) | 300.320(d)(2).
| CONSTRUCTION CLAUSES (J-Z)
| | • Prohibition on mandatory medication | 300.174(b).
| • Referral to and action by law enforcement and judicial authorities | 300.535(a).
| • Secretary's authority to monitor enforcement under GEPA | 300.609.
| • State Medicaid agency (Nothing alters requirements imposed under Titles XIX or XXI or other public benefits or insurance program) | 300.154(h).
| • Transition service | 300.324(c)(2).
| CONSUMER PRICE INDEX For All Urban Consumers (regarding rate of inflation) (See §§ 300.702(b), 300.704(a)(2)(ii), (b)(2), 300.812(b)(2))
| | CONTENT OF IEP | 300.320(a).
| CONTINUUM OF ALTERNATIVE PLACEMENTS (See “Least restrictive environment”) | 300.115.
| CONTROLLED SUBSTANCE (Definition) | 300.530(i)(1).
| COORDINATION OF SERVICES
| | • Methods of ensuring services | 300.154(a).
| • Secretary of the Interior | 300.708(i)(1).
| Ο Advisory board (Service coordination within BIA) | 300.714(b)(1).
| Ο Payments for children aged 3 through 5 | 300.712(a).
| Ο Plan for coordination of services | 300.713.
| • See “Interagency agreements,” “Interagency coordination”
| | • State advisory panel (Advise SEA on) | 300.169(e).
| • Use of LEA funds for early intervening services | 300.208(a)(2).
| • Use of SEA allocations for transition | 300.704(b)(4)(vi).
| CO-PAY OR DEDUCTIBLE (Public benefits or insurance) | 300.154(d)(2)(ii).
| CORE ACADEMIC SUBJECTS
| | • Definition | 300.10.
| • See “Highly qualified special education teachers” | 300.18.
| CORRECTIONAL FACILITIES
| | • Applicability of this part to | 300.2(b)(1)(iv).
| • Divided State agency responsibility | 300.607.
| • Exception to FAPE (Children in adult facilities) | 300.102(a)(2).
| • See also “Adult prisons”
| | • State advisory panel (Representatives on) | 300.168(a)(11).
| • State juvenile-adult correctional facilities | 300.2(b)(1)(iv).
| • Transfer of rights to children in | 300.520(a)(2).
| CORRECTIVE ACTION (PLAN)
| | • Corrective actions to achieve compliance (see §§ 300.152(b)(2)(iii), 300.607)
| | • Monitoring activities | 300.120(b)(2).
| • Needs intervention by Secretary | 300.604(b)(2)(i).
| • State advisory panel (Advise SEA on) | 300.169(d).
| COUNSELING SERVICES (Definition) | 300.34(c)(2).
| COUNT (See “Child count”)
| | COURT(S)
| | • Attorneys' fees | 300.517.
| • Civil action | 300.516.
| • Court order:
| | Ο Exception to FAPE for certain ages | 300.102(a)(1).
| • Judicial review:
| | Ο By-pass | 300.197.
| Ο Department procedures | 300.184.
| • New interpretation of Act by courts requiring modification | 300.176(c)(2).
| • Reimbursement for private school placement (see § 300.148(b) through (e))
| | CRIME (See “Reporting a crime”) | 300.535.
| CRITERIA (A-I)
| | • Child count | 300.644.
| • Child eligibility (Determinant factor) | 300.306(b)(1).
| • IEP Team (Public agency representative) | 300.321(a)(4).
| • Independent educational evaluation | 300.502.
| CRITERIA (J-Z)
| | • Specific learning disability (see §§ 300.307, 300.309)
| | • Surrogate parents | 300.519(d).
| CURRENT PLACEMENT (Discipline)
| | • Authority of hearing officer | 300.532(b).
| • Placement during appeals | 300.533.
| DATA (A-L)
| | • Allocation of remaining funds to LEAs | 300.816(d).
| • Average per-pupil expenditure (Definition) | 300.717(d).
| • By-pass (Provision of services under) | 300.191(c)(2).
| • Determination of needed evaluation data | 300.305(c).
| • Disaggregated data | 300.704(b)(4)(xi).
| • Evaluation data:
| | Ο Procedures for determining eligibility and placement | 300.306(c).
| Ο Review of existing data | 300.305(a)(1).
| • Grants to States most recent data | 300.703(c)(1)(ii).
| • LRE (Placements—meaning of evaluation data | 300.116(a)(1).
| DATA (M-Z)
| | • Parental consent (Not required for reviewing existing evaluation data) | 300.300(d)(1)(i).
| • State advisory council (Advise SEA on) | 300.169(c).
| • Suspension and expulsion rates | 300.170(a).
| DAY
| | • Business day (Definition) | 300.11(b).
| • Day (Calendar) | 300.11(a).
| • Discipline (See “Timelines—Discipline”)
| | • School day (Definition) | 300.11(c).
| • See “Timelines”
| | DECREASE IN ENROLLMENT (Exception to LEA maintenance of effort) | 300.204(b).
| DECREASE IN FUNDS (To States) | 300.703(d).
| DEDUCTIBLE OR CO-PAY (Public benefits or insurance) | 300.154(d)(2)(ii).
| DEFINITIONS (A-D)
| | • Act | 300.4.
| • Assistive technology device | 300.5.
| • Assistive technology service | 300.6.
| • At no cost | 300.39(b)(1).
| • Audiology | 300.34(c)(1).
| • Autism | 300.8(c)(1).
| • Average per-pupil expenditure in public elementary and secondary schools in the United States | 300.717(d).
| • Business day | 300.11(b).
| • Charter school | 300.7.
| • Child with a disability | 300.8(a)(1).
| • Consent | 300.9.
| • Controlled substance | 300.530(i)(1).
| • Core academic subjects | 300.10.
| • Counseling services | 300.34(c)(2).
| • Day; business day; school day | 300.11.
| • Deaf-blindness | 300.8(c)(2).
| • Deafness | 300.8(c)(3).
| • Destruction (Of information) | 300.611(a).
| • Developmental delays(s) | 300.8(b).
| DEFINITIONS (E-H)
| | • Early identification and assessment | 300.34(c)(3).
| • Education records | 300.611(b).
| • Educational service agency | 300.12.
| • Elementary school | 300.13.
| • Emotional disturbance | 300.8(c)(4).
| • Equipment | 300.14.
| • Evaluation | 300.15.
| • Excess costs | 300.16.
| • Extended school year services | 300.106(b).
| • Free appropriate public education | 300.17.
| • Freely associated States | 300.717(a).
| • Hearing impairment | 300.8(c)(5).
| • Highly qualified special education teacher | 300.18(b).
| • Homeless children | 300.19.
| DEFINITIONS (I)
| | • IEP Team | 300.23.
| • Illegal drug | 300.530(i)(2).
| • Include | 300.20.
| • Independent educational evaluation | 300.502(a)(3)(i).
| • Indian | 300.21(a).
| • Indian tribe | 300.21(b).
| • Individualized education program (IEP) | 300.22.
| • Individualized family service plan | 300.24.
| • Infant or toddler with a disability | 300.25.
| • Institution of higher education | 300.26.
| • Intellectual Disability | 300.8(c)(6).
| • Interpreting services | 300.34(c)(4).
| DEFINITIONS (J-O)
| | • Limited English proficient (LEP) | 300.27.
| • Local educational agency (LEA) | 300.28.
| • Medical services | 300.34(c)(5).
| • Multiple disabilities | 300.8(c)(7).
| • Native language | 300.29(a).
| • Occupational therapy | 300.34(c)(6).
| • Orientation and mobility services | 300.34(c)(7).
| • Orthopedic impairment | 300.8(c)(8).
| • Other health impairment | 300.8(c)(9).
| • Outlying areas | 300.717(b).
| DEFINITIONS (P-R)
| | • Parent | 300.30(a).
| • Parent counseling and training | 300.34(c)(8).
| • Parent training and information center | 300.31.
| • Parentally-placed private school children with disabilities | 300.130.
| • Participating agency (as used in “Confidentiality”) | 300.611(c).
| • Party or parties (Regarding procedures) | 300.181(a).
| • Personally identifiable | 300.32.
| • Physical education | 300.39(b)(2).
| • Physical therapy | 300.34(c)(9).
| • Psychological services | 300.34(c)(10).
| • Public agency | 300.33.
| • Public expense | 300.502(a)(3)(ii).
| • Recreation | 300.34(c)(11).
| • Rehabilitation counseling services | 300.34(c)(12).
| • Related services | 300.34(a).
| DEFINITIONS (S)
| | • School day | 300.11(c).
| • School health services | 300.34(c)(13).
| • School nurse services | 300.34(c)(13).
| • Scientifically based research | 300.35.
| • Secondary school | 300.36.
| • Secretary | 300.38.
| • Serious bodily injury | 300.530(i)(3).
| • Services plan | 300.37.
| • Social work services in schools | 300.34(c)(14).
| • Special education | 300.39(a).
| • Specially designed instruction | 300.39(b)(3).
| • Specific learning disability | 300.8(c)(10).
| • Speech-language pathology services | 300.34(c)(15).
| • Speech or language impairment | 300.8(c)(11).
| • State | 300.40.
| • State (Special definition) | 300.717(c).
| • State educational agency (SEA) | 300.41.
| • Supplementary aids and services | 300.42.
| DEFINITIONS (T-Z)
| | • Transition services | 300.43.
| • Transportation | 300.34(c)(16).
| • Traumatic brain injury | 300.8(c)(12).
| • Travel training | 300.38(b)(4).
| • Universal design | 300.44.
| • Visual impairment including blindness | 300.8(c)(13).
| • Vocational education | 300.39(b)(5).
| • Ward of the State | 300.45.
| • Weapon | 300.530(i)(4).
| DEPARTMENT OF LABOR, Bureau of Labor Statistics (Regarding rate of inflation) (see §§ 300.702(b), 300.704(a)(2)(ii), (b)(2), 300.812(b)(2))
| | DEPARTMENT (U.S. Department of Education)
| | • Enforcement: hearing procedures (see §§ 300.178 through 300.184)
| | • Monitoring (Regarding Secretary of the Interior) | 300.708(a).
| • Personally identifiable information (Use of) | 300.627.
| DESTRUCTION OF INFORMATION | 300.624(b).
| • Definition | 300.611(a).
| DETERMINANT FACTOR for eligibility determination
| | • Lack of instruction in reading or math (see § 300.306(b)(1)(i), (b)(1)(ii))
| | • Limited English proficiency | 300.306(b)(1)(iii).
| DEVELOPMENT, REVIEW, AND REVISION OF IEP | 300.324.
| DEVELOPMENTAL DELAY(S)
| | • In definition of “Child with a disability” | 300.8(b).
| • Requirements for using “Developmental delay” | 300.111(b).
| • State definition | 300.111(b).
| • Using specified disability categories | 300.111(d).
| DIABETES | 300.8(c)(9)(i).
| DIRECT SERVICES
| | • For children in private schools (see §§ 300.132(a); 300.133(a); 300.134(d)(1))
| | • Nature and location of services | 300.227(b).
| • Payment by Secretary of the Interior | 300.712(d).
| • SEA (Additional information) | 300.175(a).
| • State-level activities | 300.704(b)(4)(i).
| • Use of LEA allocations for | 300.227(a).
| DISABILITY: ADVERSELY AFFECTS EDUCATIONAL PERFORMANCE (See “Adversely affects educational performance”)
| | DISAGGREGATED DATA
| | • Assessment results for subgroup of children with disabilities | 300.704(b)(4)(xi).
| • For suspension and expulsion by race and ethnicity | 300.170(a).
| DISCIPLINE (A-B)
| | • Alternative educational setting (see §§ 300.530(d)(1), (d)(2), (d)(4), (g), 300.531, 300.533)
| | • Appeal | 300.532(a).
| • Behavioral interventions—intervention plan | 300.530(f).
| DISCIPLINE (C-H)
| | • Change of placements for disciplinary removals | 300.536.
| • Child's status during due process hearings | 300.518.
| • Determination of setting | 300.531.
| • Expedited due process hearings | 300.532(c).
| • Functional behavioral assessment (see § 300.530(d)(1)(ii), (f)(1)(i))
| | • Hearing officer (authority of) (see §§ 300.532(b), 300.533)
| | DISCIPLINE (I-Z)
| | • IEP Team (relevant members) (see §§ 300.530(e)(1), (f), 300.531)
| | • Interim alternative educational setting (see §§ 300.530(b), (d)(2), (g), 300.531, 300.532(b)(2)(ii), 300.533)
| | • Manifestation determination | 300.530(e).
| • Placement during appeals | 300.533.
| • Protections for children not determined eligible | 300.534.
| • Referral to and action by law enforcement and judicial authorities | 300.535.
| • School personnel (Authority of) | 300.530(b).
| • See “Timelines—Discipline”
| | DISCLOSURE
| | • Additional disclosure of information requirement | 300.512(b).
| • Consent required before disclosing:
| | Ο Education records to public benefits or insurance agencies | 300.154(d)(2)(iv).
| Ο Personal information to non-agency officials | 300.622(a).
| • Notice on disclosure of evaluation results | 300.504(c)(10).
| • Policies on disclosing information to 3rd parties | 300.612(a)(3).
| • Prohibit evidence not disclosed | 300.512(a)(3).
| DISPROPORTIONALITY | 300.646.
| DISPUTES
| | • Interagency disputes (Methods of ensuring services):
| | Ο Ensure services during pendency of dispute | 300.154(a).
| Ο Procedures for resolving | 300.154(a)(3).
| • Mediation (see also § 300.532(c)(3)) | 300.506.
| Ο Attorneys' fees for | 300.517(c)(2)(ii).
| Ο During discipline appeal process | 300.532(c)(3).
| Ο During resolution process (see § 300.510(b)(3), (c)(3))
| | Ο Enforcement of agreement (see §§ 300.506(b)(7), 300.510(d)(2), 300.537)
| | DIVIDED STATE AGENCY RESPONSIBILITY (Adult prisons) | 300.607.
| DIVORCE—SEPARATION (Authority to review records) | 300.613(c).
| DROPOUT RATES (Performance indicators) | 300.157(a)(3).
| DUE PROCESS HEARING(S) AND REVIEWS (A-E)
| | • Agency responsible for conducting hearing | 300.511(b).
| • Appeal of decisions; impartial review | 300.514(b).
| • Attorneys' fees | 300.517(a).
| • Basic requirements (see §§ 300.507 through 300.514)
| | • Child's status during proceedings (Pendency) | 300.518.
| Ο Parent request for hearing (Discipline) | 300.532(a).
| • Civil action | 300.516(a).
| • Evaluations disclosed at least 5 business days before hearing | 300.512(a)(3).
| • Expedited due process hearings (Discipline) | 300.532(c).
| DUE PROCESS HEARING(S) AND REVIEWS (F-I)
| | • Failure to implement a due process hearing decision | 300.152(c)(3).
| • Finality of decision; appeal; impartial review | 300.514.
| • Findings of fact and decisions (see § 300.512(a)(5), (c)(3)):
| | Ο To State advisory panel (see §§ 300.513(d), 300.514(c))
| | • Hearing rights | 300.512(a).
| • Impartial hearing officer | 300.511(c).
| Ο See “Hearing officer(s)”
| | DUE PROCESS HEARING(S) AND REVIEWS (J-Z)
| | • Parental rights at hearings | 300.512(c).
| • Party notice to other party | 300.508(c).
| Ο Model form to assist parents | 300.509.
| • Party request for hearing (Discipline) | 300.532(a).
| • Pendency (Stay put) | 300.518.
| • Prohibit evidence not introduced 5 business days before hearing | 300.512(a)(3).
| • Record of hearing | 300.512(c)(3).
| • See “Civil action—proceedings,” “Court(s)” “Procedural safeguards,” “Timelines”
| | • Timelines and convenience of hearings—reviews (see §§ 300.506(b)(5), 300.511(e), 300.516(b))
| | EARLY IDENTIFICATION AND ASSESSMENT (Definition) | 300.34(c)(3).
| EARLY INTERVENING SERVICES | 300.226.
| • Adjustment to local fiscal efforts | 300.205(d).
| • Do not limit/create right to FAPE | 300.226(c).
| • For children not currently identified as needing special education or related services | 300.226(a).
| • Permissive use of funds | 300.208(a)(2).
| • Scientifically based literacy instruction | 300.226(b).
| • Use of funds:
| | Ο By LEA | 300.226(a).
| Ο By Secretary of the Interior | 300.711.
| EDUCATION RECORDS (Definition) | 300.611(b).
| EDUCATIONAL PLACEMENTS (LRE) | 300.114.
| EDUCATIONAL SERVICE AGENCY (ESA)
| | • Definition | 300.12.
| • In definition of “LEA” | 300.28(b)(1).
| • Joint establishment of eligibility (Regarding ESAs) | 300.224(b).
| Ο Additional requirements (Regarding LRE) | 300.224(c).
| ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (ESEA)
| | • Coordination of early intervening services | 300.226(e).
| • Excess cost requirement | 300.202(b).
| • Schoolwide programs | 300.206(a).
| ELIGIBILITY (CHILD—STUDENT) (A-G)
| | • Additional eligibility requirements (see §§ 300.121 through 300.124, 300.307 through 300.311)
| | • Children with disabilities in adult prisons | 300.324(d).
| • Children with specific learning disabilities (Documentation of eligibility determination) | 300.311(a).
| • Determinant factor for | 300.306(b)(1).
| • Determination of eligibility | 300.306.
| • Developmental delay (Non-use of term by LEA if not adopted by State) | 300.111(b)(iv).
| • Documentation of eligibility (To parent) | 300.306(a)(2).
| • Graduation with regular diploma: termination (see §§ 300.102(a)(3), 300.305(e)(2)).
| | ELIGIBILITY (CHILD—STUDENT) (H-Z)
| | • Lack of instruction in reading or math | 300.306(b).
| • Limited English proficiency | 300.306(b).
| • Public benefits or insurance (Risk loss of eligibility) | § 300.154(d)(2) (iii).
| • Termination of eligibility (see §§ 300.204(c), 300.305(e)(2))
| | • Transfer of rights (Special rule) | 300.520(b).
| ELIGIBILITY (PUBLIC AGENCIES)
| | • Hearings related to (See “Hearings—Hearing procedures”)
| | • Joint establishment of (see §§ 300.202(b)(3), 300.223(a), 300.224(a))
| | • LEA (See “LEA eligibility”) Secretary of the Interior | 300.712(e).
| • State (See “State eligibility”)
| | • State agency eligibility | 300.228.
| Ο See “State agencies”
| | EMOTIONAL DISTURBANCE (Definition) | 300.8(c)(4).
| ENFORCEMENT
| | • Department procedures (see §§ 300.600, 300.604, 300.605)
| | • Referral to law enforcement authorities | 300.535.
| • State policies and procedures:
| | Ο Enforcement mechanisms | 300.537.
| Ο LEA not meeting requirements | 300.608.
| Ο Regarding confidentiality | 300.626.
| EPILEPSY | 300.8(c)(9)(i).
| EQUIPMENT
| | • Acquisition of | 300.718(a).
| • Definition | 300.14.
| • Exception to maintenance of effort | 300.204(d).
| • Placement in private school | 300.144.
| EVALUATION (A-G)
| | • Assessments in (see §§ 300.304(b), (c) 300.305(c)).
| | • Basic requirements (see §§ 300.301, 300.303, 300.324)
| | • Comprehensive (Identify all special education needs) | 300.304(c)(6).
| • Definition of | 300.15.
| • Evaluation procedures | 300.304.
| • Evaluation report to parents | 300.306(a)(2).
| • Existing evaluation data (Review of) | 300.305(a)(1).
| • Graduation (Evaluation not required for) | 300.305(e)(2).
| EVALUATION (H-Z)
| | • Independent educational evaluation (IEE) | 300.502.
| • Initial evaluation (see §§ 300.301, 300.305)
| | • Observation in determining SLD | 300.310.
| • Parent consent | 300.300.
| • Parent right to evaluation at public expense | 300.502(b).
| • Reevaluation | 300.303.
| EXCEPTION
| | • Charter schools exception (Joint eligibility) | 300.223(b).
| • For prior local policies and procedures | 300.220.
| • For prior State policies and procedures | 300.176(a).
| • To FAPE:
| | Ο For certain ages | 300.102.
| Ο For graduating with a regular diploma | 300.102(a)(3)(i).
| Ο For children in adult prisons (see §§ 300.102(a)(2), 300.324(d)).
| | • To maintenance of effort | 300.204.
| • To reimbursement for parental placement | 300.148(e).
| EXCESS COSTS
| | • Calculation of (see appendix A—Excess Costs Calculation)
| | • Definition | 300.16.
| • Excess cost requirement | 300.202(b)
| • Joint establishment of eligibility | 300.202(b)(3)
| • LEA requirement | 300.202(b)
| • Limitation on use of Part B funds | 300.202(b)
| • Meeting the excess cost requirement | 300.202(b)(2)
| • See also §§ 300.163(a), 300.175(b), 300.202(a), 300.227(a)(2)(ii)
| | EXISTING EVALUATION DATA (Review of) | 300.305(a)(1).
| EXPEDITED DUE PROCESS HEARINGS | 300.532(c).
| • Authority of hearing officer | 300.532(b).
| • Party appeal (Hearing requested by parents) | 300.532(a).
| EXPULSION (See “Suspension and expulsion”)
| | EXTENDED SCHOOL YEAR SERVICES | 300.106.
| EXTRACURRICULAR
| | • IEP content | 300.320(a)(4)(ii).
| • In supplementary aids and services | 300.42.
| • Nonacademic services | 300.107.
| • Nonacademic settings | 300.117.
| FACILITIES
| | • Alteration of | 300.718.
| • Children in private schools or facilities (see §§ 300.130, 300.142(a), 300.144(b), (c), 300.147(c))
| | • Construction of | 300.718.
| • Physical education (In separate facilities) | 300.108(d).
| • Private schools and facilities | 300.2(c).
| • See also “Correctional facilities”
| | • Termination of expenses for construction of | 300.204(d).
| FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) (See “Confidentiality”)
| | FAPE (A-G)
| | • Definition | 300.17.
| • Documentation of exceptions | 300.102(b).
| • Exception to FAPE:
| | Ο For certain ages | 300.102(a).
| Ο For children receiving early intervention services | 300.102(a)(4).
| Ο For children graduating with a regular diploma | 300.102(a)(3).
| Ο For children in adult correctional facilities | 300.102(a)(2).
| • For children:
| | Ο Advancing from grade to grade | 300.101(c).
| Ο Beginning at age 3 | 300.101(b).
| Ο On Indian reservations | 300.707(c).
| Ο Suspended or expelled from school | 300.101(a).
| • General requirement | 300.101(a).
| FAPE (H-Z)
| | • Methods and payments | 300.103.
| • Private school children with disabilities:
| | Ο Placed by parents when FAPE is at issue | 300.148.
| Ο Placed in or referred by public agencies (see §§ 300.145 through 300.147)
| | • Reallocation of LEA funds (FAPE adequately provided) | 300.705(c).
| • Services (and placement) for FAPE:
| | Ο Based on child's needs (Not disability category) | 300.304(c)(6).
| • State eligibility condition | 300.100.
| FAS (Freely associated States) | 300.717(a).
| FAX (FACSIMILE TRANSMISSION)
| | • Department procedures (see §§ 300.183, 300.196(a) through (e))
| | FERPA (Family Educational Rights and Privacy Act) (See “Confidentiality”)
| | FILING A CLAIM (Private insurance) | 300.154(e).
| FILING A COMPLAINT (State complaint procedures) | 300.153.
| FILING REQUIREMENTS
| | • By-pass (Regarding private school children) | 300.196.
| • Department procedures | 300.183.
| • See §§ 300.178 through 300.186.
| | FINALITY OF DECISION | 300.514.
| FORMULA
| | • Allocations to LEAs | 300.705(b).
| • Allocations to States | 300.703.
| • Allocation to States when by-pass is implemented | 300.191.
| • Allocation to States regarding section 619 (see §§ 300.807, 300.810).
| | • Parentally-placed private school children | 300.133.
| • SEA set aside funds | 300.704(b).
| • See also § 300.171(a).
| | FOSTER PARENT | 300.30(a)(2).
| • See also § 300.45(b).
| | FREELY ASSOCIATED STATES AND OUTLYING AREAS
| | • Funding for | 300.701(a).
| • Purpose of grants | 300.700(a).
| FULL EDUCATIONAL OPPORTUNITY GOAL | 300.109.
| FUNCTIONAL BEHAVIORAL ASSESSMENT (see § 300.530(d)(1)(ii), (f)(1)(i))
| | FUNDING MECHANISM: LRE | 300.114(b).
| FUNDS (See “Use of funds”)
| | GENERAL CURRICULUM
| | • Discipline (Continue participating in) | 300.530(d)(1)(i).
| • Evaluation procedures:
| | Ο Be involved and progress in | 300.304(b)(1)(ii).
| Ο Review of existing evaluation data | 300.305(a)(1).
| • IEPs:
| | Ο Measurable annual goals | 300.320(a)(2)(i).
| Ο Present levels of educational performance | 300.320(a)(1).
| Ο Review and revision of IEPs | 300.324(b)(1)(ii).
| Ο Special education and related services | 300.320(a)(4)(ii).
| • IEP Team | 300.321(a)(4)(ii).
| • Specially designed instruction (Definition) | 300.39(b)(3).
| GOALS
| | Annual goals (See “IEP” and “Annual goals”).
| | • Performance goals and indicators | 300.157.
| Ο State and local activities to meet | 300.814(c).
| Ο Use of State-level funds to meet | 300.704(b)(4)(x).
| GOVERNOR (Adult prisons) | 300.149(d).
| • See also “Chief executive officer”.
| | GRADUATION
| | • Evaluation not required for | 300.305(e)(2).
| • Exception to FAPE | 300.102(a)(3)(i).
| • Graduation rates as performance indicators | 300.157(a)(3).
| • Written prior notice required | 300.102(a)(3)(iii).
| GRANDPARENT OR STEPPARENT (In definition of “Parent”) | 300.30(a)(4).
| GRANTS
| | • Grants to States: | 300.700.
| Ο Maximum amount | 300.700(b).
| Ο Purpose of | 300.700(a).
| • See “Subgrants”.
| | GUARDIAN (In definition of “Parent”) | 300.30(a)(3).
| GUARDIANSHIP, SEPARATION, AND DIVORCE (Regarding parent's authority to review records) | 300.613(c).
| HEALTH AND HUMAN SERVICES (Secretary of) | 300.708(i)(1).
| HEARING AIDS: Proper functioning of | 300.113(a).
| HEARING IMPAIRMENT
| | • Definition | 300.8(c)(5).
| • Related services, audiology | 300.34(c)(1).
| HEARING OFFICER(S) (A-B)
| | • Additional disclosure of information requirement | 300.512(b).
| • Attorneys' fees | 300.517(c)(2)(i).
| • Authority of (Discipline) | 300.532(b).
| Ο Basis of decisions | 300.513(a).
| HEARING OFFICER(S) (C-Z)
| | • Change of placement:
| | Ο Hearing officer decision agrees with parents | 300.518(d).
| Ο Hearing officer may order | 300.532(b)(2)(ii).
| • Expedited due process hearing (Discipline) | 300.532(c).
| • Impartial hearing officer | 300.511(c).
| • Parent appeal (Discipline) | 300.532(a).
| • Placement during appeals | 300.533.
| • Private school placement when FAPE is at issue | 300.148(b).
| • Reimbursement for private school placement by parents | 300.148(c).
| • Requests for evaluations by | 300.502(d).
| HEARING RIGHTS | 300.512.
| HEARINGS—HEARING PROCEDURES
| | • Due process (See “Due process hearings”).
| | • Public hearings on policies and procedures | 300.165(a).
| • State and local eligibility:
| | Ο LEA eligibility | 300.155.
| Ο Notification in case of LEA or State ineligibility | 300.221.
| Ο State eligibility (Notice and hearing) (see §§ 300.178, 300.179, 300.181).
| | HEART CONDITION | 300.8(c)(9)(i).
| HEIGHTENED ALERTNESS TO ENVIRONMENTAL STIMULI (In “Other health impairment”) | 300.8(c)(9).
| HIGH COST FUND (LEA) | 300.704(c).
| HIGHLY MOBILE CHILDREN (e.g., homeless and migrant children) | 300.111(c)(2).
| HIGHLY QUALIFIED TEACHER (A-Q)
| | • Alternative route to certification | 300.18(b)(2).
| • Definition of | 300.18.
| • Private school teachers | 300.18(h).
| HIGHLY QUALIFIED TEACHER (R-Z)
| | • Requirements for in general | 300.18(b).
| • Requirements for teaching to alternate academic achievement standards | 300.18(c).
| • Requirements for teaching multiple subjects | 300.18(d).
| • Personnel qualifications | 300.156(c).
| HIGH NEED CHILD | 300.704(c)(3)(i).
| HOMELESS CHILDREN
| | • Child find | 300.111(a)(1)(i).
| • Definition of | 300.19.
| • McKinney-Vento Homeless Assistance Act (see §§ 300.19, 300.149(a)(3), 300.153(b)(4)(iii), 300.168(a)(5), 300.508(b)(4)).
| | • Surrogate parents for | 300.519(a)(4).
| HYPERACTIVITY (Attention deficit hyperactivity disorder) | 300.8(c)(9)(i).
| INAPPLICABILITY (Of requirements that prohibit commingling and supplanting of funds) | 300.704(d).
| IEE (See “Independent educational evaluation”)
| | IEP (A-I)
| | • Agency responsibilities for transition services | 300.324(c)(1).
| • Basic requirements (see §§ 300.320 through 300.324).
| | • Child participation when considering transition | 300.321(b)(1).
| • Consideration of special factors | 300.324(a)(2).
| • Consolidation of IEP Team meetings | 300.324(a)(5).
| • Content of IEPs | 300.320(a).
| • Definition (see §§ 300.22, 300.320).
| | • Development, review, and revision of | 300.324.
| • IEP or IFSP for children aged 3 through 5 | 300.323(b).
| • IEP Team | 300.321.
| IEP (J-Z)
| | • Modifications of IEP or placement (FAPE for children in adult prisons) | 300.324(d)(2)(i).
| • Modify/Amend without convening meeting (see § 300.324(a)(4), (a)(6)).
| | • Parent participation | 300.322.
| • Alternative means | 300.328.
| • Part C coordinator involvement | 300.321(f).
| • Private school placements by public agencies | 300.325(a)(1).
| • Regular education teacher (See “IEP Team”).
| | • Review and revision of IEPs | 300.324(b).
| • SEA responsibility regarding private school | 300.325(c).
| • State eligibility requirement | 300.112.
| • Transition services | 300.320(b).
| • When IEPs must be in effect | 300.323.
| IEP TEAM | 300.321.
| • Alternative educational setting (Determined by) | 300.531.
| • Consideration of special factors | 300.324(a)(2).
| Ο Assistive technology | 300.324(a)(2)(v).
| Ο Behavioral interventions | 300.324(a)(2)(i).
| Ο Braille needs | 300.324(a)(2)(iii).
| Ο Communication needs (Deafness and other needs) | 300.324(a)(2)(iv).
| Ο Limited English proficiency | 300.324(a)(2)(ii).
| • Determination of knowledge or special expertise | 300.321(c).
| • Discipline procedures (see §§ 300.530(e), 300.531).
| | • Manifestation determination | 300.530(e).
| • Other individuals who have knowledge or special expertise (At parent or agency discretion) | 300.321(a)(6).
| • Participation by private school (public agency placement) | 300.325(a).
| • Regular education teacher (see §§ 300.321(a)(2), 300.324(a)(3)).
| | IFSP (INDIVIDUALIZED FAMILY SERVICE PLAN)
| | • Definition | 300.24.
| • Transition from Part C | 300.124.
| • IFSP vs. IEP | 300.323(b).
| ILLEGAL DRUG (Definition—discipline) | 300.530(i)(2).
| IMPARTIAL DUE PROCESS HEARING | 300.511.
| • See “Due process hearings and reviews”.
| | IMPARTIAL HEARING OFFICER | 300.511(c).
| IMPARTIALITY OF MEDIATOR | 300.506(b)(1).
| INCIDENTAL BENEFITS (Permissive use of funds) | 300.208.
| INCIDENTAL FEES (In definition of “at no cost” under “Special education”) | 300.39(b)(1).
| INCLUDE (Definition) | 300.20.
| INDEPENDENT EDUCATIONAL EVALUATION (IEE) | 300.502.
| • Agency criteria (see § 300.502(a)(2), (b)(2)(ii), (c)(1), (e)).
| | • Definition | 300.502(a)(3)(i).
| • Parent-initiated evaluations | 300.502(c).
| • Parent right to | 300.502(a)(1).
| • Procedural safeguards notice | 300.504(c)(1).
| • Public expense (Definition under IEE) | 300.502(a)(3)(ii).
| • Request by hearing officers | 300.502(d).
| • Use as evidence at hearing | 300.502(c)(2).
| INDIAN; INDIAN CHILDREN
| | • Child find for Indian children aged 3 through 5 | 300.712(d).
| • Definition of “Indian” | 300.21(a).
| • Definition of “Indian tribe” | 300.21(b).
| • Early intervening services | 300.711.
| • Payments and use of amounts for:
| | Ο Education and services for children aged 3 through 5 | 300.712(a).
| Ο Education of Indian children | 300.707.
| • Plan for coordination of services | 300.713.
| • Submission of information by Secretary of Interior | 300.708.
| INDICATORS | 300.157(b).
| • See “Performance goals and indicators”.
| | INDIVIDUALIZED EDUCATION PROGRAM (See “IEP”)
| | INDIVIDUALIZED FAMILY SERVICE PLAN (See “IFSP”)
| | INFORMED CONSENT (See “Consent”)
| | INITIAL EVALUATION | 300.301.
| • Consent before conducting | 300.300(a)(1)(i).
| Ο For ward of State | 300.300(a)(2).
| Ο Not construed as consent for initial placement | 300.300(a)(1)(ii).
| Ο When not required | 300.300(a)(2).
| • Review of existing evaluation data | 300.305(a).
| INSTITUTION OF HIGHER EDUCATION
| | • Definition | 300.26.
| INSTRUCTIONAL MATERIALS
| | • Access to | 300.172.
| • Audio-visual materials | 300.14(b).
| • LEA purchase of | 300.210.
| • NIMAC:
| | Ο SEA coordination with | 300.172(c).
| Ο SEA rights and responsibilities if not coordinating | 300.172(b).
| INSURANCE
| | • Community-based waivers (see § 300.154(d)(2)(iii)(D)).
| | • Financial costs | 300.154(f)(2).
| • Financial responsibility of LEA/SEA | 300.154(a)(1).
| • Out-of-pocket expense | 300.154(d)(2)(ii).
| • Private insurance | 300.154(e).
| • Public benefits or insurance | 300.154(d).
| • Risk of loss of eligibility (see § 300.154(d)(2)(iii)(D)).
| | INTELLECTUAL DISABILITY (Definition) | 300.8(c)(6).
| INTERAGENCY AGREEMENTS
| | • FAPE methods and payments (Joint agreements) | 300.103(a).
| • LRE (Children in public/private institutions) | 300.114(a)(2)(i).
| • Methods of ensuring services | 300.154(a).
| • SEA responsibility for general supervision | 300.149.
| • Secretary of Interior—with Health and Human Services Secretary | 300.708(i)(1).
| Ο Cooperative agreements (BIA and other agencies) | 300.712(d).
| INTERAGENCY COORDINATION (See “Coordination of services,” “Interagency agreements”)
| | INTERAGENCY DISPUTES | 300.154(a)(3).
| INTERAGENCY RESPONSIBILITIES (Transition services) | 300.320(b).
| INTERIM ALTERNATIVE EDUCATIONAL SETTING (See §§ 300.530(b), 300.531, 300.532(b)(2)(ii), 300.533)
| | INTERPRETING SERVICES
| | • As a related service | 300.34(a).
| • Definition | 300.34(c)(4).
| JOINT ESTABLISHMENT OF ELIGIBILITY (LEAs) | 300.223.
| • See also §§ 300.202(b)(3), 300.224.
| | JUDICIAL
| | • Authorities (Referral to) | 300.535.
| • Finding of unreasonableness | 300.148(d)(3).
| • Proceeding (During pendency) | 300.518(a).
| • Review | 300.197.
| • See also:
| | Ο Civil action (see §§ 300.504(c)(12), 300.514(d), 300.516)
| | Ο Court(s) (see §§ 300.102(a)(1), 300.184, 300.148(c), (d)(3), 300.197, 300.516(a), (c), (d), 300.517(a), (c))
| | JUVENILE-ADULT CORRECTIONS FACILITIES (See “Correctional facilities”)
| | LAW ENFORCEMENT AND JUDICIAL AUTHORITIES
| | • Referral to | 300.535.
| LEA (LOCAL EDUCATIONAL AGENCY) (A-C)
| | • Allocations to LEAs | 300.705(b).
| Ο Reallocation of funds (If LEA is adequately providing FAPE) | 300.705(c).
| • Charter schools and LEAs (See “Charter schools”).
| | • Child count—LEAs:
| | Ο Parentally-placed private school children with disabilities | 300.133(c).
| Ο Procedures for counting all children served (Annual report) | 300.645.
| Ο See also “Child count”.
| | • Child find—LEAs:
| | Ο Parentally-placed private school children with disabilities | 300.131.
| Ο See also “Child find”
| | • Compliance (LEA and State agency) | 300.222.
| • Consistency of LEA policies with State policies | 300.201.
| LEA (D-G)
| | • Definition of LEA | 300.28.
| • Developmental delay: Use of term by LEAs (see § 300.111(b)(2) through (b)(4)).
| | • Direct services by SEA (If LEA is unable or unwilling to serve CWDs, etc.) | 300.227.
| • Discipline and LEAs (See “Discipline”).
| | • Eligibility of LEA:
| | Ο Condition of assistance (see §§ 300.200 through 300.213)
| | Ο Exception for prior local plans. | 300.220.
| Ο Ineligibility of LEA (Notice by SEA) | 300.221.
| Ο SEA hearings on LEA eligibility | 300.155.
| • Excess cost requirement—LEA: | 300.202(b).
| Ο Use of amounts for excess costs | 300.202(a)(2).
| Ο See also “Excess costs”.
| | LEA (H-L)
| | • Hearings relating to LEA eligibility | 300.155.
| • Information for SEA | 300.211.
| • Instructional materials (Purchase of) | 300.210.
| • Joint establishment of eligibility (By two or more LEAs) | 300.202(b)(3).
| Ο See also §§ 300.223, 300.224
| | • LEA and State agency compliance | 300.222.
| • LEA policies (Modification of) | 300.220(b).
| Ο See “LEA eligibility,” “Eligibility of LEA”.
| | LEA (M-P)
| | • Maintenance of effort regarding LEAs (See “Maintenance of effort”).
| | • Methods of ensuring services—LEAs (see § 300.154(a)(1) through (a)(4), (b)).
| | • Migratory children with disabilities (Linkage with records under ESEA) | 300.213.
| • Modification of policies by LEA | 300.220(b).
| • Noncompliance of LEA (SEA determination) | 300.222(a).
| • Notice requirement (On LEA) | 300.222(b).
| • Purchase of instructional materials | 300.210.
| • Personnel shortages (Use of funds to assist LEAs in meeting) | 300.704(b)(4)(vii).
| • Public information (By LEA) | 300.212.
| LEA (R-T)
| | • Reallocation of LEA funds (If LEA is adequately providing FAPE) | 300.705(c).
| • Reimbursement of LEAs by other agencies (See “Methods of ensuring services,” § 300.154(a)(2) through (a)(3), (b)(2)).
| | • Review and revision of policies | 300.170(b).
| • SEA reduction in payments to LEA | 300.222(a).
| • SEA use of LEA allocations for direct services | 300.227.
| • Show cause hearing (By-pass requirement) | 300.194.
| • State-level nonsupplanting | 300.162(c).
| • Subgrants to LEAs | 300.705(a).
| • Suspension and expulsion rates—LEAs | 300.170(a)(1).
| • Transition planning conferences (Part C to B) | 300.124(c).
| LEA (U-Z)
| | • Use of amounts (by LEA) | 300.202.
| Ο (See “Permissive use of funds”).
| | • Use of SEA allocations (Regarding LEAs) | 300.704.
| Ο For capacity-building, etc. (see § 300.704(b)(4)(viii)).
| | Ο To assist in meeting personnel shortages (see § 300.704(b)(4)(vii)).
| | LEA ELIGIBILITY (A-I)
| | • Adjustment to local fiscal efforts in certain fiscal years | 300.205.
| • Charter schools—public:
| | Ο Rights of children with disabilities who attend public charter schools | 300.209(a).
| Ο That are public schools of the LEA | 300.209(b).
| Ο That are LEAs | 300.209(c).
| Ο That are not an LEA or a school that is part of an LEA | 300.209(d).
| Ο Treatment of charter schools and their students | 300.209.
| Ο See also “Charter schools”.
| | • Condition of assistance | 300.200.
| Ο See §§ 300.201 through 300.213.
| | • Consistency with State policies | 300.201.
| • Information for SEA | 300.211.
| LEA ELIGIBILITY (M-Z)
| | • Maintenance of effort | 300.203.
| Ο Exception to | 300.204.
| • Migratory children with disabilities—records regarding | 300.213.
| • Permissive use of funds | 300.208.
| Ο Administrative case management | 300.208(b).
| Ο Early intervening services | 300.208(a)(2).
| Ο High cost special education and related services | 300.208(a)(3).
| Ο Services and aids that also benefit nondisabled children | 300.208(a)(1).
| • Personnel development | 300.207.
| • Records regarding migratory children with disabilities | 300.213.
| • State prohibition (If LEA is unable to establish/maintain programs of FAPE) | 300.205(c).
| • Treatment of charter schools and their students | 300.209.
| LEAD POISONING (Other health impairment) | 300.8(c)(9)(i).
| LEAST RESTRICTIVE ENVIRONMENT (LRE)
| | • Children in public or private institutions | 300.118.
| • Continuum of alternative placements | 300.115.
| • Educational service agency (Additional requirement regarding LRE) | 300.224(c).
| • Monitoring activities | 300.120.
| • Nonacademic settings | 300.117.
| • Placements | 300.116.
| • State eligibility requirements | 300.114.
| • Additional requirement: State funding mechanism | 300.114(b).
| • Technical assistance and training | 300.119.
| LEISURE EDUCATION (Recreation) | 300.34(c)(11)(iv).
| LEP (See “Limited English proficient”)
| | LEUKEMIA (Other health impairment) | 300.8(c)(9)(i).
| LIMITED ENGLISH PROFICIENT (LEP)
| | • Definition of | 300.27.
| • Determinant factor in eligibility determination | 300.306(b)(1)(iii).
| • In development, review, and revision of IEP | 300.324(a)(2)(ii).
| • In “native language” (Definition) | 300.29(a).
| • Special rule—LEP not determinant factor | 300.306(b)(1)(iii).
| LOCAL EDUCATIONAL AGENCY (See “LEA”)
| | LRE (See “Least restrictive environment”)
| | MAINTENANCE OF EFFORT (MOE-LEA) (A-R)
| | • Amounts in excess (Reduce level) | 300.205(a).
| • Exception to | 300.204.
| • Maintenance of effort and early intervening services (see appendix D)
| | • Maintenance of effort—LEA | 300.203.
| • Non-reduction of (State enforcement) | 300.608.
| • Public benefits or insurance proceeds are not MOE | 300.154(g)(2).
| Ο See “Methods of ensuring services”.
| | MAINTENANCE OF EFFORT (MOE-LEA) (S-Z)
| | • SEA flexibility | 300.230(a).
| • State enforcement (SEA must prohibit LEA from reducing MOE) | 300.608.
| MAINTENANCE OF STATE FINANCIAL SUPPORT | 300.163.
| • Reduction of funds for failure to maintain support | 300.163(b).
| • Subsequent years (Regarding a waiver) | 300.163(d).
| • Waivers: Exceptional or uncontrollable circumstances | 300.163(c).
| MANIFESTATION DETERMINATION (See “Discipline”) | 300.530(e).
| McKINNEY-VENTO HOMELESS ASSISTANCE ACT
| | • In definition of “Homeless children” | 300.19.
| • In filing a State complaint | 300.153(b)(4)(iii).
| • SEA responsibility for general supervision (Regarding homeless children) | 300.149(a)(3).
| • State advisory panel (Membership) | 300.168(a)(5).
| • Surrogate parents (Homeless child's rights protected | 300.519(a)(4).
| MEDIATION (A-O)
| | • Benefits of (Meeting to explain) | 300.506(b)(2)(ii).
| • Confidential discussions | 300.506(b)(6)(i).
| • Cost of (Borne by State) | 300.506(b)(4).
| • Disinterested party (To meet with parents and schools | 300.506(b)(2).
| • Disputes (Resolve through mediation) | 300.506(a).
| • Legally binding agreement | 300.506(b)(6).
| • Mediation procedures (By public agency to allow parties to resolve disputes) | 300.506(a).
| • Mediators:
| | Ο Impartiality of | 300.506(c).
| Ο List of | 300.506(b)(3)(i).
| Ο Qualified and impartial (see § 300.506(b)(1)(iii)).
| | • Meeting to explain benefits of | 300.506(b)(2)(ii).
| • Not used as evidence in hearing | 300.506(b)(8).
| • Not used to deny/delay right to hearing | 300.506(b)(1)(ii),
| • Opportunity to meet | 30.506(b)(2).
| MEDIATION (P-Z)
| | • Parent training and information center | 300.506(b)(2)(i).
| • Procedural safeguards notice | 300.504(c)(6).
| • Random selection of mediators | 300.506(b)(3)(ii).
| • Use of SEA allocations to establish | 300.704(b)(3)(ii).
| • Voluntary | 300.506(b)(1)(i).
| • Written mediation agreement | 300.506(b)(7).
| MEDICAID
| | • Children covered by public benefits or insurance | 300.154(d)(1).
| • Construction (Nothing alters requirements imposed under Titles XIX or XXI) | 300.154(h).
| • Financial responsibility of each non-educational public agency (e.g., State Medicaid) | 300.154(a)(1).
| • LEA high cost fund (Disbursements not medical assistance under State Medicaid) | 300.704(c)(8).
| • Medicaid reimbursement not disqualified because service in school context | 300.154(b)(1)(ii).
| • Methods of ensuring services (see § 300.154(a)(1), (b)(1)(ii), (d), (g)(2), (h))
| | • Proceeds from public or private insurance | 300.154(g)(1).
| • Public agency may use Medicaid | 300.154(a)(1).
| • State Medicaid, etc., must precede financial responsibility of LEA | 300.154(a)(1).
| MEDICAL (A-L)
| | • Assistance under other Federal programs | 300.186.
| • Assistive technology device (Does not include a surgically implanted medical device) | 300.5.
| • LEA high cost fund (Disbursements not medical assistance under State Medicaid) | 300.704(c)(8).
| MEDICAL (M-Q)
| | • Medical services in (“Related services”):
| | Ο Audiology (Referral for) | 300.34(c)(1)(ii).
| Ο Definition of | 300.34(c)(5).
| Ο For diagnostic purposes | 300.34(a).
| Ο Speech-language pathology (Referral for) | 300.34(c)(15)(iii).
| • Medical supplies, etc. (Memo of agreement between HHS and Interior) | 300.708(i)(2).
| • Non-medical (Residential placement) | 300.104.
| MEDICAL (R-Z)
| | • Referral for medical services:
| | Ο Audiology | 300.34(c)(1)(ii).
| Ο Speech-language pathology services | 300.34(c)(15)(iii).
| • Related services: Exception; surgically implanted devices (“Cochlear implants”) | 300.34(b).
| • Routine checking of hearing aids and other devices | 300.113.
| • SLD: Educationally relevant medical findings, if any | 300.311(a)(4).
| MEDICATION
| | • Prohibition on mandatory medication | 300.174.
| MEETING(S)
| | • Alternative means of meeting participation | 300.328.
| • Consolidation of IEP Team meetings | 300.324(a)(5).
| • Equitable services determined (Parentally-placed private school CWDs) | 300.137.
| • IEP Team meetings (See “IEP”).
| | • Mediation (Opportunity to meet) | 300.506(b)(2).
| • Opportunity to examine records; participation in IEP Team meetings | 300.501.
| • Parent participation in meetings (see § 300.506(b)(2), (b)(4)).
| | • Private school placements by public agencies | 300.325.
| • Reviewing and revising IEPs (Private school placements) | 300.325(b).
| • Services plan for private school children (Meetings) | 300.137(c)(1).
| METHODS OF ENSURING SERVICES | 300.154.
| MIGRANT CHILDREN
| | • Child find | 300.111(c)(2).
| • Records regarding migratory children (Linkage with ESEA) | 300.213.
| MINIMUM STATE COMPLAINT PROCEDURES | 300.152.
| • See “Complaints,” “State complaint procedures”.
| | MONITOR; MONITORING ACTIVITIES (A-N)
| | • Allowable costs for monitoring | 300.704(b)(3)(i).
| • Children placed in private schools by public agencies | 300.147(a).
| • Implementation by SEA | 300.147(a).
| • LRE (SEA monitoring activities) | 300.120.
| • Monitoring activities (LRE) | 300.120.
| • Monitoring—Enforcement (Subpart F) | 300.600.
| Ο Rule of construction (Use any authority under GEPA to monitor) | 300.609.
| Ο Secretary's review and determination regarding State performance | 300.603(b)(1).
| Ο State exercise of general supervision | 300.600(d)(2).
| Ο State use of targets and reporting | 300.602(a), (b)(1).
| MONITOR; MONITORING ACTIVITIES (O-Z)
| | • Outlying areas, etc. (see § 300.701(a)(1)(ii)).
| | • Private school children: SEA monitoring | 300.147(a).
| • SEA responsibility for general supervision | 300.149(b).
| • Secretary of the Interior | 300.708.
| • State advisory panel functions (Advise SEA on corrective action plans) | 300.169(d).
| • Use of SEA allocations for monitoring | 300.704(b)(3)(i).
| • Waiver (State's procedures for monitoring) | 300.164(c)(2)(ii)(B).
| Ο Summary of monitoring reports | 300.164(c)(3).
| MULTIPLE DISABILITIES (Definition) | 300.8(c)(7).
| NATIONAL INSTRUCTIONAL MATERIALS ACCESS CENTER (NIMAC) | 300.172(e)(1)(ii).
| NATIONAL INSTRUCTIONAL MATERIALS ACCESSIBILITY STANDARDS (NIMAS) | 300.172(e)(1)(iii).
| • See also appendix C.
| | NATIVE LANGUAGE
| | • Confidentiality (Notice to parents) | 300.612(a)(1).
| • Definition | 300.29.
| • Definition of “Consent” | 300.9.
| • Evaluation procedures (Tests in native language) | 300.304(c)(1)(ii).
| • Notice to parents: Confidentiality (In native language) | 300.612(a)(1).
| • Prior notice:
| | Ο Notice in native language | 300.503(c)(1)(ii).
| Ο Notice translated orally | 300.503(c)(2)(i).
| Ο Steps if not a written language | 300.503(c)(2).
| NATURE/LOCATION OF SERVICES (Direct services by SEA) | 300.227.
| NEPHRITIS (In “Other health impairment”) | 300.8(c)(9)(i).
| NIMAC (See “National Instructional Materials Access Center”)
| | NIMAS (See “National Instructional Materials Accessibility Standard”)
| | NONACADEMIC
| | • Activities: Participate in (IEP content) | 300.320(a)(4)(ii).
| • Services and extracurricular activities (Equal opportunity to participate in) | 300.107(a).
| • Settings | 300.117.
| NONCOMMINGLING | 300.162(b).
| NONDISABLED (Children; students) (A-P)
| | • At no cost (In definition of “special education”) | 300.39(b)(1).
| • Disciplinary information | 300.229(a).
| • Excess cost requirement | 300.202(b).
| • IEP (definition) (see § 300.320(a)(1)(i), (a)(4)(iii), (a)(5))
| | • LRE (General requirement) | 300.114.
| • Nonacademic settings | 300.117.
| • Placement | 300.116.
| • Program options | 300.110.
| NONDISABLED (Children; students) (R-Z)
| | • Regular physical education | 300.108(b).
| • Services and aids that also benefit nondisabled children | 300.208(a)(1).
| • Special education (Definition: In definition of “at no cost”) | 300.39(b)(1).
| • Supplementary aids and services | 300.42.
| • Suspension and expulsion rates | 300.170(a)(2).
| NONEDUCATIONAL (Public agency)
| | • Medicaid service (May not be disqualified because in school context) | 300.154(b)(1)(ii).
| • Methods of ensuring services (see § 300.154(a), (b))
| | • Obligation of | 300.154(b).
| • Reimbursement for services by | 300.154(b)(2).
| NON-MEDICAL CARE (Residential placement) | 300.104.
| NONSUPPLANTING
| | • Excess cost requirement (Regarding children aged 3 through 5 and 18 through 21) | 300.202(b)(1)(ii).
| • LEA nonsupplanting | 300.202(b)(1)(ii).
| • SEA flexibility | 300.230(a).
| • State-level activities (Inapplicability of certain provisions) | 300.704(d).
| • State-level nonsupplanting | 300.162(c).
| • Waiver of requirement | 300.164.
| NOTICES: By parents or parties
| | • Attorneys' fees: When court reduces fee award regarding due process request notice | 300.517(c)(4)(iv).
| • Children enrolled by parents in private schools when FAPE is at issue | 300.148(d)(1)(i).
| • Due process complaint (Notice before a hearing on a complaint) | 300.508(c).
| • Private school placement by parents (When FAPE is at issue) | 300.148(d)(1)(i).
| NOTICES: Public agency (A-M)
| | • By-pass (Judicial review) | 300.197.
| • Children's rights (Transfer of rights) | 300.625(c).
| • Confidentiality (Notice to parents) | 300.612.
| • Department procedures (Notice to States) | 300.179.
| Ο See “Judicial review” | 300.184.
| • Discipline (Notification) | 300.530(h).
| • Exception to FAPE (Graduation) | 300.102(a)(3).
| • Hearings relating to LEA eligibility | 300.155.
| • IEP meetings (Parent participation) | 300.322(b).
| • Judicial review: If State dissatisfied with eligibility determination | 300.184.
| • LEA and State agency compliance | 300.222.
| Ο Notification in case of ineligibility | 300.221(b).
| NOTICES: Public agency (N-P)
| | • Notice before a hearing on a due process complaint | 300.508(c).
| • Notice and hearing before State ineligible | 300.179.
| • Notice in understandable language | 300.503(c).
| • Notification of LEA in case of ineligibility | 300.221(b).
| • Parent participation in meetings | 300.501(b)(2).
| • Prior notice by public agency | 300.503.
| • Private school placement by parents when FAPE is at issue (Public agency notice) | 300.148(d)(2).
| • Procedural safeguards notice | 300.504.
| • Public attention | 300.606.
| • Public participation (Notice of hearings) | 300.165(a).
| NOTICES: Public agency (Q-Z)
| | • Secretary of the Interior (Submission of information) | 300.708(g).
| • Secretary's review and determination of State performance | 300.603(b)(2).
| • Transfer of parental rights | 300.520(a)(1)(i).
| • Use of electronic mail | 300.505.
| • Withholding funds | 300.605.
| OCCUPATIONAL THERAPY | 300.34(c)(6).
| OPPORTUNITY TO EXAMINE RECORDS | 300.501.
| ORIENTATION AND MOBILITY SERVICES | 300.34(c)(7).
| ORTHOPEDIC IMPAIRMENT | 300.8(c)(8).
| OTHER HEALTH IMPAIRMENT | 300.8(c)(9).
| OTHER INDIVIDUALS ON IEP TEAM | 300.321(a)(6).
| OUTLYING AREAS—FREELY ASSOCIATED STATES
| | • Allocations to States (General) | 300.703(a).
| • Annual description of use of funds | 300.171(c).
| • Definitions applicable to allotments, grants and use of funds:
| | Ο Freely associated States | 300.717(a).
| Ο Outlying areas | 300.717(b).
| • Definition of “State” (Includes “Outlying areas”) | 300.40.
| • Outlying areas and freely associated States | 300.701.
| • Purpose of grants | 300.700(a).
| OUT-OF-POCKET EXPENSE (Public benefits or insurance) | 300.154(d)(2)(ii).
| PARAPROFESSIONALS
| | In “Personnel qualifications” | 300.156(b).
| PARENT (Definition) | 300.30.
| PARENT: RIGHTS AND PROTECTIONS (A-G)
| | • Appeal (Manifestation determination) | 300.532.
| • Confidentiality (Authority to inspect and review records) | 300.613(c).
| • Consent (See “Consent”)
| | • Counseling and training (Definition) | 300.34(c)(8).
| • Definition of “Parent” | 300.30.
| Ο Foster parent | 300.30(a)(2).
| Ο Grandparent or stepparent | 300.30(a)(4).
| Ο Guardian | 300.30(a)(3).
| PARENT: RIGHTS AND PROTECTIONS (H-N)
| | • Independent educational evaluation | 300.502.
| Ο Parent-initiated evaluations | 300.502(c).
| Ο Parent right to evaluation at public expense | 300.502(b).
| • IEP and parent involvement:
| | Ο Copy of child's IEP | 300.322(f).
| Ο Informed of child's progress | 300.320(a)(3)(ii).
| Ο Option to invite other individuals | 300.321(a)(6).
| Ο Participation in meetings | 300.322.
| Ο Team member | 300.321(a)(1).
| • Informed consent (Accessing private insurance) | 300.154(e)(1).
| • Involvement in placement decisions | 300.501(c).
| • Meetings (Participation in) | 300.501(b).
| • Notice to public agency:
| | Ο Before a hearing on a due process complaint | 300.508(c).
| Ο Before removing child from public school | 300.148(d)(1)(ii).
| Ο Timeline for requesting a hearing | 300.511(e).
| • Exceptions to timeline | 300.511(f).
| Ο Opportunity to examine records | 300.501(a).
| PARENT: RIGHTS AND PROTECTIONS (O-Z)
| | • Parent counseling and training | 300.34(c)(8).
| • Placement decisions (Involvement in) | 300.501(c).
| • Request for hearing (Discipline) | 300.532(a).
| • Right to an independent educational evaluation | 300.502(b).
| PARENTAL CONSENT (See “Consent”)
| | PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (A-E)
| | • Annual count of the number of | 300.133(c).
| • Bypass (see §§ 300.190 through 300.198)
| | • Child find for | 300.131.
| • Calculating proportionate amount | 300.133(b).
| • Compliance | 300.136.
| • Consultation with private schools | 300.134.
| • Written affirmation | 300.135.
| • Definition of | 300.130.
| • Due process complaints and State complaints | 300.140.
| • Equitable services determined | 300.137.
| Ο Equitable services provided | 300.138.
| • Expenditures | 300.133.
| Ο Formula | 300.133(a).
| PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (F-R)
| | • No individual right to special education and related services | 300.137(a).
| • Property, equipment, and supplies | 300.144.
| • Proportionate share of funds | 300.134(b).
| Ο See “Appendix B—Proportionate Share Calculation”
| | • Provision of equitable services | 300.138(c).
| • Religious schools (see §§ 300.131(a), 300.137(c), 300.139(a))
| | • Requirement that funds not benefit a private school | 300.141.
| PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (S-T)
| | • Separate classes prohibited | 300.143.
| • Services on private school premises | 300.139(a).
| • Services plan (Definition) | 300.37.
| Ο For each child served under §§ 300.130 through 300.144 | 300.137(c).
| Ο See also §§ 300.132(b), 300.138(b), 300.140(a)
| | • State eligibility requirement | 300.129.
| • Transportation (Cost of) | 300.139(b)(2).
| PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (U-Z)
| | • Use of personnel:
| | Ο Private school personnel | 300.142(b).
| Ο Public school personnel | 300.142(a).
| • Written affirmation | 300.135.
| • Written explanation by LEA regarding services | 300.134(e).
| PARTICIPATING AGENCY
| | • Confidentiality provisions:
| | Ο Definition of participating agency | 300.611(c).
| Ο See also §§ 300.613(c), 300.614, 300.616, 300.618, 300.623
| | • IEP requirements (Transition services) | 300.324(c).
| PENDENCY (Stay put)
| | • Child's status during due process proceedings | 300.518.
| • Placement during appeals (Discipline) | 300.533.
| • Procedural safeguards notice | 300.504(c)(7).
| PERFORMANCE GOALS AND INDICATORS
| | • Assess progress toward achieving goals | 300.157(c).
| • Establishment of goals | 300.157.
| • Other State level activities | 300.814(c).
| • Performance goals and indicators | 300.157.
| • State monitoring and enforcement | 300.600(c).
| • State performance plans and data collection | 300.601.
| PERFORMANCE; PERFORMANCE PLANS (STATE)
| | • Enforcement | 300.604.
| • Public reporting and privacy | 300.602(b).
| • Secretary's review and determination regarding State performance | 300.603.
| • State performance plans and data collection | 300.601.
| • State performance report | 300.602(b)(2).
| • State use of targets and reporting | 300.602.
| Ο Public reporting | 300.602(b)(1).
| Ο State performance report | 300.602(b)(2).
| PERMISSIVE USE OF FUNDS (LEAs)
| | • Administrative case management | 300.208(b).
| • Early intervening services | 300.208(a)(2).
| • High cost education and related services | 300.208(a)(3).
| • Permissive use of funds | 300.208.
| • Services and aids that also benefit nondisabled children | 300.208(a)(1).
| PERSONALLY IDENTIFIABLE (PI) INFORMATION (A-H)
| | • Confidentiality of (State eligibility requirement) | 300.123.
| • Consent (confidentiality) | 300.622(a).
| • Data collection (State performance plans) | 300.601(b)(3).
| • Definition of “personally identifiable” | 300.32.
| • Department use of information | 300.627.
| • Destruction:
| | Ο Definition of | 300.611(a).
| Ο Destruction of information | 300.624.
| • Hearing decisions to advisory panel and the public | 300.513(d).
| PERSONALLY IDENTIFIABLE (PI) INFORMATION (I-Z)
| | • Notice to parents (Confidentiality):
| | Ο Children on whom PI information is maintained | 300.612(a)(2).
| Ο Policies and procedures regarding disclosure to third parties, etc. | 300.612(a)(3).
| • Participating agency (Definition) | 300.611(c).
| • Protection of PI information | 300.642(a).
| • See also § 300.610
| | • Safeguards (Protect PI information) | 300.623.
| PERSONNEL QUALIFICATIONS | 300.156.
| PERSONNEL SHORTAGES
| | • Use of SEA allocations to meet | 300.704(b)(4)(vii).
| PHYSICAL EDUCATION
| | • Definition | 300.39(b)(2).
| • State eligibility requirement | 300.108.
| PHYSICAL THERAPY (Definition) | 300.34(c)(9).
| PLACEMENT(S) (A-Co)
| | • Adult prisons (CWDs in):
| | Ο Last educational placement before incarceration | 300.102(a)(2)(i).
| Ο Modifications to IEPs and placements | 300.324(d)(2).
| • Alternative means of meeting participation (Regarding “Placement meetings”) | 300.328.
| • Change in placement: Graduation | 300.102(a)(3)(iii).
| • Child's placement during pendency of any complaint | 300.504(c)(7).
| Ο See also “Pendency” (Child's status during proceedings) | 300.518.
| • Children with disabilities in adult prisons: Placements regarding (see §§ 300.102(a)(2)(i), 300.324(d)(2))
| | • Continuum of alternative placements (Continuum—LRE) | 300.115.
| PLACEMENT(S) (Cu-L)
| | • Current placement (see § 300.530(b)((2), (d))
| | • Current “Educational placement:”
| | Ο Change of placements because of disciplinary removals | 300.536.
| Ο Child's status during proceedings | 300.518(a).
| • Disciplinary changes in placement | 300.530(c).
| • Discipline procedures and placements (see §§ 300.530 through 300.536)
| | • Educational placements (Parents in any group that makes placement decisions) | 300.327.
| • Graduation: A change in placement (Exception to FAPE) | 300.102(a)(3)(iii).
| • Last educational placement (Before incarceration) | 300.102(a)(2)(i).
| • Least restrictive environment (LRE) (see §§ 300.114 through 300.120)
| | • Notification: LEA must notify parents of decision to change placement | 300.530(h).
| PLACEMENT(S) (O-Z)
| | • Pendency (Child's status during proceedings) | 300.518.
| Placement of children by parents if FAPE is at issue | 300.148.
| • Placements (LRE) | 300.116.
| • Requirements for unilateral placement by parents of CWDs in private schools (In “Procedural safeguards notice”) | 300.504(c)(9).
| • State funding mechanism (Must not result in placements that violate LRE) | 300.114(b)(1).
| POLICY: POLICIES AND PROCEDURES
| | • Condition of assistance (LEA eligibility) | 300.200.
| Ο Consistency with State policies | 300.201.
| Ο See also §§ 300.200 through 300.213
| | • Eligibility for assistance (State) | 300.100.
| • Exception for prior policies on file:
| | Ο With the SEA | 300.220.
| Ο With the Secretary | 300.176(a).
| • FAPE policy | 300.101(a).
| • Joint establishment of eligibility (Requirements) | 300.223.
| • Modifications of:
| | Ο LEA or State agency policies | 300.220(b).
| Ο Required by Secretary | 300.176(c).
| Ο State policies (By a State) | 300.176(b).
| • Public participation | 300.165.
| • Secretary of the Interior | 300.708.
| Ο Public participation | 300.709.
| Ο Submission of information | 300.708.
| PREPONDERANCE OF EVIDENCE
| | • Civil action | 300.516(c)(3).
| PRESCHOOL GRANTS
| | • Allocations to LEAs | 300.816.
| Ο Subgrants to LEAs | 300.815.
| • Other State-level activities | 300.814.
| Ο Provide early intervention services in accordance with Part C of the Act | 300.814(e).
| Ο Service coordination or case management | 300.814(f).
| • State administration | 300.813.
| • Use of funds for administration of Part C | 300.813(b).
| PRIOR NOTICE
| | • By public agency | 300.503.
| • Notice required before a hearing on a due process complaint | 300.508(c).
| • Procedural safeguards notice | 300.504.
| PRISONS (See “Adult prisons”)
| | PRIVATE INSURANCE
| | • Children with disabilities who are covered by | 300.154(e).
| Ο Proceeds from public benefits or insurance or private insurance | 300.154(g).
| Ο Use of Part B funds | 300.154(f).
| PRIVATE SCHOOLS AND FACILITIES
| | • Applicability of this part to State and local agencies:
| | Ο CWDs placed in private schools by parents under § 300.148 | 300.2(c)(2).
| Ο CWDs referred to or placed in private schools by public agency | 300.2(c)(1).
| PRIVATE SCHOOL CHILDREN ENROLLED BY THEIR PARENTS
| | • Placement of children by parents when FAPE is at issue | 300.148.
| • See “Parentally-placed private school children with disabilities”
| | PRIVATE SCHOOL PLACEMENTS BY PUBLIC AGENCIES (A-D)
| | • Applicability of this part to private schools | 300.2(c)(1).
| • Applicable standards (SEA to disseminate to private schools involved) | 300.147(b).
| PRIVATE SCHOOL PLACEMENTS BY PUBLIC AGENCIES (E-Z)
| | • Implementation by SEA (Must monitor, provide standards, etc.) | 300.147.
| • Monitor compliance | 300.147(a).
| • Input by private schools (Provide for) | 300.147(c).
| • Responsibility of SEA | 300.146.
| PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (A-C)
| | • Additional disclosure of information (5 business days before hearing) | 300.512(b).
| • Agency responsible for conducting hearing | 300.511(b).
| • Appeal of hearing decisions; impartial review | 300.514(b).
| • Attorneys' fees | 300.517.
| • Child's status during proceedings | 300.518.
| • Civil action | 300.516.
| • Consent (Definition) | 300.9.
| • Court (See “Court(s)”)
| | PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (D-H)
| | • Electronic mail (Parent may elect to receive notices by) | 300.505.
| • Evaluation (Definition) | 300.15.
| • Evaluations: Hearing officer requests for | 300.502(d).
| • Finality of decision; appeal; impartial review | 300.514.
| • Findings and decision to advisory panel and public | 300.513(d).
| • Hearing rights | 300.512.
| PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (I-Pa)
| | • Impartial due process hearing | 300.511.
| • Impartial hearing officer | 300.511(c).
| • Impartiality of mediator | 300.506(c).
| • Independent educational evaluation | 300.502.
| Ο Definition | 300.502(a)(3)(i).
| • Jurisdiction of district courts | 300.516(d).
| Ο See “Court(s)”
| | • Mediation | 300.506.
| Ο Opportunity to meet with a disinterested party | 300.506(b)(2).
| • Model form to assist parties in filing a due process or State complaint | 300.509.
| • Notice required before a hearing on a due process complaint | 300.508(c).
| • Opportunity to examine records | 300.501(a).
| • Parental consent | 300.300.
| • Parent-initiated evaluations | 300.502(c).
| • Parent involvement in placement decisions | 300.501(c).
| • Parent participation in meetings | 300.501(b).
| • Parental rights at hearings | 300.512(c).
| • Parent right to evaluation at public expense | 300.502(b).
| Ο Public expense (Definition) | 300.502(a)(3)(ii).
| PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (Pe-Z)
| | • Pendency | 300.518.
| • Personally identifiable (Definition) | 300.32.
| • Prior notice by public agency | 300.503.
| • Procedural safeguards notice | 300.504.
| • Prohibition on introduction of undisclosed evidence 5 business days before hearing | 300.512(a)(3).
| • Record of hearing | 300.512(a)(4).
| • Resolution process | 300.510.
| • SEA implementation of | 300.150.
| • See “Civil Action Proceedings,” “Court(s),” “Hearing Officer(s),” “Timelines”
| | • Surrogate parents | 300.519.
| • Timelines and convenience of hearings | 300.515.
| • Transfer of parental rights at age of majority | 300.520.
| PROCEDURAL SAFEGUARDS NOTICE | 300.504.
| • Internet Web site (Notice on) | 300.504(b).
| PROCEEDS FROM PUBLIC BENEFITS OR INSURANCE OR PRIVATE INSURANCE | 300.154(g).
| PROGRAM INCOME (Not treated as proceeds from insurance) | 300.154(g.)
| PROGRAM MODIFICATIONS OR SUPPORTS (IEP content) | 300.320(a)(4).
| PROPORTIONATE SHARE CALCULATION (See appendix B)
| | PROTECTIONS FOR CHILDREN NOT DETERMINED ELIGIBLE (Discipline) | 300.534.
| PSYCHOLOGICAL SERVICES (Definition) | 300.34(c)(10).
| PUBLIC AGENCY (Definition) | 300.33.
| PUBLIC BENEFITS OR INSURANCE | 300.154(d).
| PUBLIC BENEFITS OR INSURANCE OR PRIVATE INSURANCE (Proceeds from) | 300.154(g).
| PUBLIC CHARTER SCHOOLS (See “Charter schools”)
| | PUBLIC EXPENSE (Definition under IEE) | 300.502(a)(3)(ii).
| PUBLIC HEARINGS (On policies)
| | • State eligibility | 300.165(a).
| • Secretary of the Interior | 300.708(g).
| PUBLIC INFORMATION (LEA) | 300.212.
| PUBLIC NOTICE
| | • LEA and State agency compliance | 300.222(b).
| • Public attention (If State has received a notice under § 300.603) | 300.606.
| PURPOSES (Of this Part 300) | 300.1.
| QUALIFIED PERSONNEL | 300.156.
| • Related services definitions (see § 300.34(c)(2), (c)(5), (c)(6), (c)(7), (c)(9), (c)(12), (c)(13)).
| | RATE OF INFLATION (In the Consumer Price Index for All Urban Consumers) (see §§ 300.702(b), 300.704(a)(2)(ii), 300.704(b)(2), 300.812(b)(2)).
| | REALLOCATION OF LEA FUNDS (If SEA determines LEA adequately providing FAPE) (see §§ 300.705(c), 300.817)).
| | RECORDS (A-D)
| | • Access rights (Parents' right to inspect) | 300.613.
| Ο Fees for records | 300.617.
| Ο Records on more than one child | 300.615.
| • Civil action (Court shall receive records) | 300.516(c)(1).
| • Conducting IEP Team meetings without parents (Records of attempts to convince parents) | 300.322(d).
| Confidentiality (See “Confidentiality”)
| | • Consent to release records | 300.622(b).
| Disciplinary records:
| | Ο Determination that behavior not manifestation | 300.530(e).
| Ο Disciplinary information | 300.229(c).
| Ο Referral to and action by law enforcement and judicial authorities | 300.535.
| RECORDS (E-Z)
| | • Education records (Definition) | 300.611(b).
| • Of parentally-placed private school CWDs (LEA to SEA) | 300.132(c).
| • Opportunity to examine records | 300.501(a).
| • Procedural safeguards notice (Access to education records) | 300.504(c)(4).
| • Record of access | 300.614.
| • See also “Transfer during academic year”
| | RECREATION (Definition) | 300.34(c)(11).
| REDUCTION OF FUNDS FOR FAILURE TO MAINTAIN SUPPORT | 300.163(b).
| REEVALUATION
| | • Frequency of occurrence | 300.303(b).
| • Parental consent required before conducting | 300.300(c)(1).
| Ο If parent fails to consent | 300.300(c)(1)(ii).
| • Parental consent not required for:
| | Ο Administering a test that all children take | 300.300(d)(1)(ii).
| Ο Reviewing existing data | 300.300(d)(1)(i).
| • Parent refusal to consent | 300.300(c)(1)(ii).
| • Review of existing evaluation data | 300.305(a).
| • Revision of IEP (To address reevaluation) | 300.324(b)(1)(ii).
| REFERRAL (A-M)
| | • Discipline:
| | Ο Referral to and action by law enforcement and judicial authorities | 300.535.
| Ο Protections for children not determined eligible | 300.534.
| • Enforcement (Referral for) | 300.604(b)(2)(vi).
| • Indian children (Referral for services or further diagnosis) | 300.712(d)(2).
| • Medical attention (Referral for):
| | Ο Audiology | 300.34(c)(1)(ii).
| Ο Speech-language pathology services | 300.34(c)(15)(iii).
| REFERRAL (N-Z)
| | • Nonacademic and extracurricular services (Referral to agencies regarding assistance to individuals with disabilities) | 300.107(b).
| • Prior notice (If not initial referral for evaluation) | 300.503(b)(4).
| • Private school placement when FAPE is at issue (Reimbursement when no referral by public agency) | 300.148(c).
| • Procedural safeguards notice (Upon initial referral for evaluation) | 300.504(a)(1).
| • Referral to and action by law enforcement and judicial authorities | 300.535.
| REGULAR EDUCATION TEACHER
| | • Access to IEP | 300.323(d).
| • IEP Team member | 300.321(a)(2).
| • Participate in IEP development | 300.324(a)(3).
| Ο Behavioral interventions | 300.324(a)(3)(i).
| Ο Supplementary aids and services | 300.324(a)(3)(ii).
| REGULATIONS
| | • Applicable regulations (Secretary of the Interior) | 300.716.
| • Applicability of this part to State, local, and private agencies | 300.2.
| REHABILITATION
| | • Assistive technology service (see § 300.6(d), (f))
| | • Rehabilitation Act of 1973 (see §§ 300.34(c)(12), 300.516(e))
| | • Rehabilitation counseling services:
| | Ο Definition | 300.34(c)(12).
| Ο In vocational rehabilitation (VR) programs | 300.34(c)(12).
| • Transition services (State VR agency responsibility) | 300.324(c)(2).
| REHABILITATION COUNSELING SERVICES | 300.34(c)(12).
| REIMBURSEMENT
| | • Methods of ensuring services (see § 300.154(a)(3), (b)(1)(ii), (b)(2), (g)(2))
| | • Private school placement when FAPE is at issue:
| | Ο Limitation on reimbursement | 300.148(d).
| Ο Reimbursement for private school placement | 300.148(c).
| Ο Subject to due process procedures | 300.148(b).
| • Reimbursement by non-educational public agency | 300.154(b)(2).
| • Reimbursement by SEA to LEA | 300.704(c)(7).
| RELATED SERVICES
| | • Definition | 300.34.
| • Observations by teachers and related services providers regarding existing evaluation data | 300.305(a)(1)(iii).
| RELATION OF PART B TO OTHER FEDERAL PROGRAMS | 300.186.
| RELIGIOUS SCHOOLS
| | • Child find for parentally-placed private school children | 300.131(a).
| • Child find for out-of-State children | 300.131(f).
| • Formula for LEA expenditures on | 300.133(a).
| • See “Parentally-placed private school children with disabilities”
| | • Services plan for each child served | 300.137(c).
| • Services provided on-site | 300.139(a).
| REMEDIES FOR DENIAL OF APPROPRIATE SERVICES | 300.151(b).
| REPORTS (A-C)
| | • Annual report of children served | 300.640.
| Ο See also §§ 300.641 through 300.646
| | • Annual report to Secretary of Interior by advisory board on Indian children | 300.715(a).
| • Biennial report (Indian tribes) | 300.712(e).
| • Child count (Annual report of children served) | 300.641.
| REPORTS (D-Z)
| | • Evaluation reports to parents | 300.306(a)(2).
| • Monitoring compliance of publicly placed children in private schools (e.g., written reports) | 300.147(a).
| • Monitoring reports (Waiver of nonsupplanting requirement) | 300.164(c)(3).
| • Performance goals (Progress reports) | 300.157(c).
| • Secretary's report to States regarding 25% of funds | 300.812(b).
| REPORT CARDS | 300.320(a)(3)(ii).
| REPORTING A CRIME to law enforcement and judicial authorities | 300.535.
| RESIDENTIAL PLACEMENTS | 300.104.
| REVOKE CONSENT AT ANY TIME (In definition of “Consent”) | 300.9(c)(1).
| RHEUMATIC FEVER | 300.8(c)(9)(i).
| RISK OF LOSS OF ELIGIBILITY FOR INSURANCE | 300.154(d)(2)(iii)(D).
| SCHOOL DAY
| | • Definition | 300.11(c).
| • See “Timelines,” “Timelines—Discipline”
| | SCHOOL HEALTH SERVICES AND SCHOOL NURSE SERVICES | 300.34(c)(13).
| SCHOOL PERSONNEL
| | • Content of IEP | 300.320(a)(4).
| • Development, review, and revision of IEP | 300.324(a)(4).
| • Disciplinary authority | 300.530.
| • Use of private school personnel | 300.142(b).
| • Use of public school personnel | 300.142(a).
| SCHOOLWIDE PROGRAMS | 300.206.
| SEA RESPONSIBILITY
| | • For all education programs | 300.149.
| • For direct services | 300.227.
| • For each parentally-placed private school child designated to receive services | 300.132(b).
| • For impartial review | 300.514(b)(2).
| • Prohibition of LEA from reducing maintenance of effort | 300.608.
| SECRETARY
| | • Determination that a State is eligible | 300.178.
| • Notice and hearing before determining that a State is not eligible | 300.179.
| • Waiver of nonsupplanting requirement | 300.164.
| SECRETARY OF THE INTERIOR
| | • Advisory board establishment | 300.714.
| Ο Annual report by advisory board | 300.715.
| • Biennial report (By tribe or tribal organization) | 300.712(e).
| • Eligibility (see §§ 300.708 through 300.716)
| | • Payments for:
| | Ο Children aged 3 through 5 | 300.712.
| Ο Child find and screening | 300.712(d).
| • Plan for coordination of services | 300.713.
| • Use of funds for early intervening services | 300.711.
| SEPARATION—DIVORCE (Authority to review records) | 300.613(c).
| SERVICES PLAN for parentally-placed private school children (see §§ 300.132(b), 300.137(c) 300.138(b))
| | SERVICES THAT ALSO BENEFIT NONDISABLED CHILDREN | 300.208(a)(1).
| SHORTAGE OF PERSONNEL (Policy to address) | 300.704(b)(4)(vii).
| SHORT TERM OBJECTIVES OR BENCHMARKS | 300.320(a)(2)(ii).
| SHOULD HAVE KNOWN (Regarding due process complaint) | 300.511(e).
| SHOW CAUSE HEARING | 300.194.
| • Decision | 300.195.
| • Implementation of by-pass (see §§ 300.192(b)(2), 300.193)
| | • Right to legal counsel | 300.194(a)(3).
| SICKLE CELL ANEMIA | 300.8(c)(9)(i).
| SLD (See “Specific Learning Disability”)
| | SOCIAL WORK SERVICES IN SCHOOLS (Definition) | 300.34(b)(14).
| SPECIAL FACTORS (IEP Team) | 300.324(a)(2).
| SPECIAL EDUCATION (Definition) | 300.39.
| SPECIAL EDUCATION PROVIDER | 300.321(a)(3).
| SPECIAL EDUCATION TEACHER
| | • IEP accessible to | 300.323(d).
| • On IEP Team | 300.321(a)(3).
| • Requirements regarding highly qualified | 300.18.
| SPECIAL RULE
| | • Adjustments to local efforts | 300.205(d).
| • For child's eligibility determination | 300.306(b).
| • For increasing funds | 300.704(e).
| • Methods of ensuring services | 300.154(c).
| • LEA high cost fund | 300.704(c).
| • Regarding outlying areas and freely associated States | 300.701(a)(3).
| • Regarding transfer of rights | 300.520(b).
| • Regarding use of FY 1999 amount | 300.703(b).
| • State advisory panel (Parent members) | 300.168(b).
| SPECIFIC LEARNING DISABILITY
| | • Definition | 300.8(c)(10).
| • Evaluation requirements and report (see §§ 300.306(a), 300.307 through 300.311)
| | • Other alternative research-based procedures | 300.307(a)(3).
| • Response to scientific, research-based intervention (see §§ 300.307(a)(2), 300.309(a)(2)(i), 300.311(a)(7))
| | • Scientifically based research:
| | Ο Definition | 300.35.
| Ο Enforcement | 300.604(a)(1)(ii).
| • Severe discrepancy | 300.307(a)(1).
| SPEECH-LANGUAGE PATHOLOGY SERVICES
| | • Definition | 300.34(b)(15).
| • Speech or language impairment (Definition) | 300.8(c)(11).
| STATE
| | • Definition | 300.40.
| • Special definition for grants | 300.717(c).
| • Sovereign immunity | 300.177.
| STATE ADMINISTRATION (Use of funds for) (see §§ 300.704(a), 300.812(a)).
| | STATE ADVISORY PANEL | 300.167
| • Due process hearings (Findings and decisions to State advisory panel) (see §§ 300.513(d)(1), 300.514(c)(1))
| | • Duties | 300.169.
| • Establishment | 300.167.
| • Membership | 300.168.
| • Waiver of nonsupplant requirement (State has consulted with advisory panel regarding provision of FAPE) | 300.164(c)(4).
| STATE AGENCIES
| | • Applicability of Part B to other State agencies | 300.2(b)(1)(iii).
| • Compliance (LEA and State agency) | 300.222.
| • Eligibility (LEA and State agency):
| | Ο General conditions (see §§ 300.200 through 300.213)
| | • Notification of LEA or State agency in case of ineligibility | 300.221.
| • State advisory panel (Membership) | 300.168.
| • State agency eligibility | 300.228.
| • State Medicaid agency | 300.154(a)(1), (h).
| STATE COMPLAINT PROCEDURES (see §§ 300.151 through 300.153)
| | • See “Complaint(s): State complaint procedures”
| | STATE ELIGIBILITY
| | • Condition of assistance | 300.100.
| • Department procedures (see §§ 300.178 through 300.186)
| | • Determination of eligibility (By the Secretary) | 300.178.
| • General conditions | 300.100.
| • Notice and hearing before determining that a State is not eligible | 300.179.
| • Specific conditions (see §§ 300.101 through 300.176)
| | STATE JUVENILE AND ADULT CORRECTIONAL FACILITIES | 300.2(b)(1)(iv).
| • See also “Correctional facilities,” “Adult prisons”
| | STATE-LEVEL ACTIVITIES (With Part B funds) | 300.704.
| STATE-LEVEL NONSUPPLANTING | 300.162(c).
| • Waiver by Secretary | 300.162(c)(2).
| • Waiver of requirement | 300.164.
| STATE MAINTENANCE OF EFFORT | 300.163.
| SUBGRANT(S)
| | • State agency eligibility | 300.228.
| • To LEAs | 300.705(a).
| STATE MEDICAID AGENCY
| | • Methods of ensuring services | 300.154(a)(1).
| • See also “Medicaid”
| | STATE SCHOOLS
| | • Applicability of this part to schools for children with deafness or blindness | 300.2(b)(1)(iii).
| STATE VOCATIONAL REHABILITATION AGENCY (See “Rehabilitation”)
| | STATES' SOVEREIGN IMMUNITY | 300.177.
| STAY-PUT (Child's status during proceedings) | 300.518.
| • See also “Pendency”
| | SUBSTANTIAL LIKELIHOOD OF INJURY (Discipline) | 300.532(a).
| SUPPLEMENTARY AIDS AND SERVICES
| | • Definition | 300.42.
| • IEP content | 300.320(a)(4).
| • In “assistive technology” | 300.105(a)(3).
| • LRE requirements | 300.114(a)(2)(ii).
| • Methods of ensuring services | 300.154(b).
| • Requirement regarding regular education teacher (IEP) | 300.324(a)(3)(ii).
| • Services that also benefit nondisabled children | 300.208(a)(1).
| SUPPLEMENT—NOT SUPPLANT
| | • LEA requirement | 300.202(a)(3).
| • State level nonsupplanting | 300.162(c).
| • See “Nonsupplanting”
| | SUPPORT SERVICES (see §§ 300.704(b)(4)(i)), 300.814(a))
| | SURGICALLY IMPLANTED MEDICAL DEVICE (see §§ 300.5, 300.34(b), 300.113(b))
| | SURROGATE PARENTS | 300.519.
| • Appointed for homeless youth | 300.519(f).
| • In definition of “Parent” | 300.30(a)(5).
| • Timeline for assignment | 300.519(h).
| SUSPENSION (EXPULSION)
| | • Alternative programming for children expelled | 300.704(b)(4)(ix).
| • Provision of FAPE | 300.101(a).
| • Suspension and expulsion rates | 300.170(a).
| • Suspension or expulsion without services | 300.534(d)(2)(ii).
| TEACHERS
| | See “Regular education teacher”
| | See “Special education teacher”
| | TECHNICAL ASSISTANCE (Amounts to support) | 300.702.
| TECHNICALLY SOUND INSTRUMENTS (Evaluation) | 300.304(b)(3).
| TERMINATION OF AGENCY OBLIGATION to provide special education to a particular child (Exception to MOE) | 300.204(c).
| THERAPEUTIC RECREATION | 300.34(b)(11)(ii).
| TIMELINES (A-D)
| | • Access rights (Confidentiality: 45 days) | 300.613(a).
| • Annual report of children served (Between Oct. 1 and Dec. 1) | 300.641(a).
| • Annual count of parentally-placed private school children (Between Oct. 1 and Dec. 1) | 300.133(c).
| • Assignment of surrogate parent (Not more than 30 days) | 300.519(h).
| • Attorneys' fees (10 days prohibition) | 300.517(c)(2)(i).
| • Complaint procedures (State: 60 days) | 300.152(a).
| • Department hearing procedures (30 days) | 300.179(b)(3).
| Ο See also §§ 300.181 through 300.184
| | • Due process hearings and reviews (see §§ 300.510(b)(2), 300.511(e), (f)):
| | Ο Conducted within 20 school days; decision within 10 school days | 300.532(c)(2).
| Ο Decision within 45 days after expiration of 30 day period | 300.515(a).
| Ο Disclose evaluations before hearings (5 business days) | 300.512(a)(3).
| TIMELINES (E-H)
| | • Hearing procedures (State eligibility: 30 days) | 300.179(b)(3).
| • Hearing rights:
| | Ο Disclosure of evaluations (At least 5 business days before hearing) | 300.512(b)(1).
| Ο Prohibit introduction of evidence not disclosed (At least 5 business days before hearing) | 300.512(a)(3).
| Ο Reviews (Decision not later than 30 days) | 300.515(b).
| TIMELINES (I-Z)
| | • IEP (Initial meeting: 30 days) | 300.323(c)(1).
| • Initial evaluation (60 days) | 300.301(c)(1).
| • Parent notice before private placement (At least 10 business days) | 300.148(d)(2).
| • Show cause hearing | 300.194(g).
| • Decision | 300.195(a)(1).
| • State eligibility: Department hearing procedures (see §§ 300.179(b)(3), 300.181(b), 300.182(d), (e), (g), (k), 300.184)
| | • Timelines and convenience of hearings and reviews | 300.515.
| TIMELINES—DISCIPLINE (A-P)
| | • Authority of hearing officer (May order change of placement for not more than 45 school days) | 300.532(b)(2)(ii).
| • Authority of school personnel:
| | Ο Change of placement for not more than 45 consecutive days for weapons or drugs | 300.530(g).
| Ο Removal of a child for not more than 10 school days | 300.530(b).
| • Change of placement for disciplinary removals:
| | Ο Of more than 10 consecutive school days | 300.536(a)(1).
| Ο Because series of removals total more than 10 school days | 300.536(a)(2)(i).
| • Due process hearing request | 300.507(a)(2).
| • Expedited due process hearings:
| | Ο Conducted within 20 days | 300.532(c)(2).
| Ο Decision within 10 days | 300.532(c)(3)(i).
| • Hearing officer (Order change of placement for not more than 45 days) | 300.532(b)(2)(ii).
| • Manifestation determination review (Conducted in no more than 10 school days) | 300.530(e).
| • Placement during appeals (Not longer than 45 days) | 300.532(b)(2)(ii).
| TIMELINES—DISCIPLINE (Q-Z)
| | • Removals for not more than:
| | Ο 10 school days (By school personnel) | 300.530(b).
| Ο 45 days (To interim alternative educational setting) | 300.532(b)(2)(ii).
| By hearing officer (For substantial likelihood of injury to child or others) | 300.532(b)(2)(ii).
| By school personnel (For weapons or drugs) (see § 300.530(g)(1), (g)(2))
| | TIMETABLE: Full educational opportunity goal (FEOG) | 300.109.
| TRAINING
| | • Assistive technology services (see § 300.6(e), (f))
| | • Confidentiality procedures (Personnel using personally identifiable information must receive training) | 300.623(c).
| • Parent counseling and training | 300.34(b)(8).
| • Technical assistance and training for teachers and administrators | 300.119.
| • Travel training (see § 300.39(a)(2)(ii), (b)(4))
| | TRANSFER DURING ACADEMIC YEAR
| | • Assessments coordinated between public agencies | 300.304(c)(5).
| • New school district responsibilities (see § 300.323(e), (f))
| | • Transmittal of records | 300.323(g).
| TRANSFER OF PARENTAL RIGHTS | 300.520.
| • IEP requirement | 300.320(c).
| • Special rule | 300.520(b).
| • To children in correctional institutions | 300.520(a)(2).
| TRANSITION FROM PART C TO PART B | 300.124.
| TRANSITION SERVICES (NEEDS)
| | • Agency responsibilities for (see §§ 300.321(b)(3), 300.324(c)(2))
| | • Alternative strategies | 300.324(c)(1).
| • Child participation in IEP Team meetings | 300.321(b)(1).
| • Definition | 300.43.
| • IEP requirement (Statement of)
| | Ο Transition service needs | 300.320(b).
| Ο Needed transition services | 300.43(b).
| • State rehabilitation agency | 300.324(c)(2).
| TRANSMITTAL OF RECORDS TO LAW ENFORCEMENT AND JUDICIAL AUTHORITIES | 300.535(b).
| TRANSPORTATION
| | • Definition | 300.34(c)(16).
| • Nonacademic services | 300.107(b).
| • Of private school children | 300.139(b).
| TRAUMATIC BRAIN INJURY (Definition) | 300.8(c)(12).
| TRAVEL TRAINING (see § 300.39(a)(2)(ii), (b)(4))
| | • Definition | 300.39(b)(4).
| TREATMENT OF CHARTER SCHOOLS AND THEIR STUDENTS | 300.209.
| TREATMENT OF FEDERAL FUNDS IN CERTAIN YEARS | 300.205.
| UNIVERSAL DESIGN
| | • Definition | 300.44.
| • Support technology with universal design principles | 300.704(b)(4)(v).
| USE OF AMOUNTS (LEA) | 300.202.
| USE OF FUNDS BY LEAs
| | • Coordinated services system | 300.208(a)(2).
| • For school-wide programs | 300.206.
| • For services and aids that also benefit nondisabled children | 300.208(a)(1).
| • For use in accordance with Part B | 300.705.
| USE OF FUNDS BY STATES (SEAs) (A-C)
| | • Administering Part B State activities | 300.704(a)(1).
| • Administering Part C (If SEA is Lead Agency) | 300.704(a)(4).
| • Administrative costs of monitoring and complaint investigations | 300.704(b)(3)(i).
| • Allowable costs | 300.704(b)(3).
| • Amount for State administration | 300.704(a)
| • Annual description of use of Part B funds | 300.171.
| • Assist LEAs in meeting personnel shortages | 300.704(b)(4)(vii).
| • Complaint investigations | 300.704(b)(3)(i).
| • Coordination of activities with other programs | 300.704(b)(1).
| USE OF FUNDS BY STATES (SEAs) (D-Z)
| | • Direct and support services | 300.704(b)(4)(i).
| • High cost fund | 300.704(c).
| • Mediation process | 300.704(b)(3)(ii).
| • Monitoring | 300.704(b)(3)(i).
| • Personnel preparation, professional development and training (see § 300.704(b)(4)(i), (b)(4)(xi)).
| | • State plan | 300.704(c)(3)(i).
| • Statewide coordinated services system | 300.814(d).
| • Support and direct services | 300.704(b)(4)(i).
| • Technical assistance:
| | Ο To LEAs | 300.704(b)(4)(xi).
| Ο To other programs that provide services | 300.704(a)(1).
| USE OF FUNDS BY SECRETARY OF THE INTERIOR (see §§ 300.707 through 300.716)
| | • By Indian tribes:
| | Ο For child find for children aged 3 throught 5 | 300.712(d).
| Ο For coordination of assistance for services | 300.712(a).
| • For administrative costs | 300.710(a).
| USE OF SEA ALLOCATIONS | 300.704.
| • Inapplicability of requirements that prohibit commingling and supplanting of funds | 300.704(d).
| VISUAL IMPAIRMENT INCLUDING BLINDNESS (Definition) | 300.8(c)(13).
| VOCATIONAL EDUCATION
| | • Definition | 300.39(b)(5).
| • In definition of “Special education” | 300.39(a)(2)(iii).
| • Program options | 300.110.
| • Transition services | 300.320(b)(1).
| VOCATIONAL REHABILITATION (See “Rehabilitation”)
| | VOLUNTARY DEPARTURE OF PERSONNEL
| | (Exception to LEA maintenance of effort) | 300.204(a).
| WAIVER(S)
| | • For exceptional and uncontrollable circumstances (State maintenance of effort) | 300.163(c).
| • “In whole or in part” | 300.164(e).
| • Public benefits or insurance (Risk of loss of eligibility for home and community-based waivers) | 300.154(d)(2)(iii)(D).
| • State-level nonsupplanting | 300.162(c).
| • State maintenance of effort | 300.163.
| • State's procedures for monitoring | 300.164(c)(2)(ii)(B).
| • Waiver procedures | 300.164.
| WARD OF THE STATE
| | • Appointment of surrogate parent | 300.519(c).
| • Definition | 300.45.
| • See definition of “Parent” | 300.30(a)(3).
| • See “Surrogate parents” | 300.519(a)(3).
| WEAPON (Definition) | 300.530(i)(4).
| WHEN IEPS MUST BE IN EFFECT | 300.323. |
